News & Analysis as of

Final Rules New Rules Rulemaking Process

Morgan Lewis - Up & Atom

NRC More than Doubles Duration of Reactor Design Certifications

The US Nuclear Regulatory Commission (NRC) recently issued a direct final rule extending the duration of design certifications (DCs) for nuclear reactors from 15 to 40 years. The rule will automatically go into effect on...more

Butler Snow LLP

DOL Final Independent Contractor Rule Already Facing Legal Challenges

Butler Snow LLP on

Following multiple delays, and after ongoing litigation stalled its previous rulemaking attempts, the U.S. Department of Labor issued its long-anticipated independent contractor final rule on Tuesday, January 10, 2024,...more

Perkins Coie

Five Questions Companies Are Asking About DOL's New Independent Contractor Rule - Updated

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The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA)...more

Sullivan & Worcester

New WOTUS Rule Restores Protections for Many Waters, but Uncertainty Persists Due to Continuing Litigation

Sullivan & Worcester on

On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively Agencies) announced the issuance of a final rule defining “waters of the United States” (WOTUS), a key...more

Seyfarth Shaw LLP

The Department of Labor Puts Limits on “Guidance” — And Employers and Fiduciaries May Get More Interpretative Flexibility

Seyfarth Shaw LLP on

Synopsis:  On August 28, 2020, the federal Department of Labor (DOL) issued a final rule entitled “Promoting Regulatory Openness Through Good Guidance” (the “PRO Rule”) that establishes a data base with far fewer “Guidance”...more

Jones Day

New York Federal Court Partially Invalidates U.S. Department of Labor’s Joint Employer Regulation

Jones Day on

The Situation: Seventeen states and the District of Columbia filed suit in the Southern District of New York seeking declaratory and injunctive relief against the U.S. Department of Labor's ("DOL") new joint employer...more

Troutman Pepper Locke

Southern District of New York Judge Strikes Down Department of Labor Standard for Joint Employment

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Q: What does the latest decision on joint employer liability mean for businesses? A: On September 8, 2020, the United States District Court for the Southern District of New York issued a decision overturning the U.S....more

Carlton Fields

Federal Judge Blocks Significant Portions of DOL's Joint Employer Rule

Carlton Fields on

On September 8, 2020, Federal District Court Judge Gregory Woods struck down critical parts of the U.S. Department of Labor’s (DOL) new joint employer rule, which took effect in March of this year and which was intended to...more

Mintz - Employment Viewpoints

NLRB Announces Final Joint Employer Rule

The National Labor Relations Board (the “NLRB”) announced yesterday that it will issue its final rule for determining joint-employer status under the National Labor Relations Act (the “NLRA”) today, February 26, 2020. This...more

Proskauer - Labor Relations Update

NLRB Issues its Final Rule for its New Joint Employer Standard

This morning the National Labor Relations Board (the “Board”) unveiled the final rule setting forth the new legal test it will apply in analyzing whether affiliated businesses are “joint employers”. The final rule, which will...more

Stoel Rives LLP

Yet Another WOTUS Rule: Will This One Float?

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On January 24, 2020, the Trump Administration’s Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued their long awaited “Waters of the United States” rule defining the jurisdictional reach...more

Perkins Coie

Labor Law Today—2019 Year in Review

Perkins Coie on

During 2019, the current National Labor Relations Board (the Board) majority became more active, beginning to overrule decisions handed down during the Obama administration and restoring decades of precedent. In addition...more

Stinson LLP

NLRB Modifies the "Quickie" Election Rules

Stinson LLP on

At the end of 2019, the National Labor Relations Board (NLRB) issued its long-anticipated final rule somewhat restructuring its controversial 2014 election rules overhaul (rules sometimes referred to as the "quickie" or...more

Burr & Forman

NLRB Modifies Obama Board Election Rules

Burr & Forman on

The National Labor Relations Board (“NLRB”) recently announced changes to its representation case procedures that mark a shift away from the “ambush elections” created by the 2014 Obama-era rules. Though the 2014 rules are...more

Seyfarth Shaw LLP

NLRB Issues Final Rule Eliminating The Worst Of The Old Quickie Election Rules

Seyfarth Shaw LLP on

Seyfarth Synopsis: On December 13, 2019, the National Labor Relations Board (“Board”) announced the final rule amending the procedures used for elections to determine whether employees desire to be represented by a labor...more

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