The Parliamentarian Has Spoken: Minimum Wage Can’t Be Raised Through Reconciliation. At this point, readers of this newsletter are assuredly aware of the substantive contours and the procedural hurdles Joe Biden’s COVID-19...more
The Fight For $1.9: Administration Remains Committed To Passing COVID-19 Legislation, Even Without Republican Backing. Unlike previous updates on the “will they won’t they” back-and-forth of COVID-19 / Stimulus Legislation...more
This Space – For Now – Will Continue To Summarize Congress’ COVID-19 Stimulus Attempts. To that end, before he was sworn in by the Chief Justice, President Biden released the contours of a $1.9 Trillion legislative package...more
The NLRB Will Look, And Act, Much Differently Under A Biden Administration. Joe Biden has reiterated, again and again, that supporting organized labor will sit atop his agenda. The board is currently operating with a vacant...more
12/8/2020
/ Biden Administration ,
Coronavirus/COVID-19 ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Infectious Diseases ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRB ,
OSHA ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Safety
Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more
9/28/2020
/ At-Will Employment ,
Employer Liability Issues ,
Employment Policies ,
First Amendment ,
Hiring & Firing ,
NLRA ,
NLRB ,
Off-Duty Employees ,
Political Expression ,
Political Speech ,
Protests ,
Social Media ,
State Labor Laws ,
Viewpoint Discrimination
NLRB Decision Gives Employers More Leeway to Discipline Employees for Offensive Speech. Traditionally, the National Labor Relations Act protected offensive or even abusive speech by employees when the worker is involved in...more
7/27/2020
/ Coronavirus/COVID-19 ,
Disciplinary Proceedings ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Offensive Language ,
Protected Concerted Activity ,
Quarantine ,
Travel Restrictions ,
WARN Act
A Window Into Democratic Fiscal Priorities: House Reveals FY 2021 Budget Priorities. This week, the House Committee on Appropriation unveiled Interior and Environment Appropriations Bill and the Legislative Branch,...more
7/13/2020
/ Coronavirus/COVID-19 ,
EEO-1 ,
Equal Opportunities ,
Federal Budget ,
Foreign Students ,
Immigration and Customs Enforcement (ICE) ,
Joint Employers ,
Legislative Agendas ,
NLRB ,
Quarantine ,
Travel Restrictions
Happy 4th! While we continue to track policy that matters, we would be remiss if we did not wish all of our readers, and of course the Nation itself, a Happy Independence Day. The tradition of Independence Day celebrations...more
7/8/2020
/ Administrative Procedure Act ,
Business Closures ,
Coronavirus/COVID-19 ,
Election Procedures Rule ,
Executive Orders ,
Governor Newsom ,
Injunctive Relief ,
Legislative Agendas ,
NLRB ,
Paycheck Protection Program (PPP) ,
Re-Opening Guidelines ,
State and Local Government ,
State Budgets ,
Travel ,
Unions
An Exercise in Listening: Bipartisan Effort to Revamp the PPP. As we have noted here, here, and here, the PPP is simultaneously the most used and the most contentious provision in the CARES Act. ...more
5/22/2020
/ Administrative Appointments ,
Bonuses ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Workers ,
FEMA ,
Good Faith ,
Legislative Agendas ,
NLRB ,
OSHA ,
Paycheck Protection Program (PPP) ,
Re-Opening Guidelines ,
Trump Administration
Coronavirus and Sick Day Legislation. Hard on the heels of the President’s address yesterday, and the WHO declaration that the Coronavirus is now an international pandemic, there is obviously too much to report that could be...more