Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Politics

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Weekly catch-up

Posted in Immigration, Labor Relations, Politics, Wage-Hour
And may it die quickly. The U.S. Department of Labor has taken formal regulatory action to rescind the Obama Administration’s “Persuader Rule.” The DOL has been enjoined from enforcing the rule since November 2016, but the latest action will presumably end it for good. Let’s hope. David Phippen of our Washington DC Metro Office has… Continue Reading

Weekly catch-up

Posted in Franchise, Independent Contractor, Politics, Wage-Hour
Trump DOL removes Obama DOL guidance on independent contractors, joint employment. On Wednesday, Secretary of Labor Alexander Acosta removed two Administrator’s Interpretations on independent contractors and joint employment issued during the Obama Administration. Here is our Client Bulletin, which I wrote with Jim Coleman, co-chair of our Wage and Hour Practice Group. The quick and dirty:… Continue Reading

Pros and cons of the proposed EEOC-OFCCP merger

Posted in Affirmative Action, Discrimination, Politics
President Donald Trump has proposed to merge two of the primary government agencies focused on equal employment in the workplace – the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs.  Robin has discussed this proposed merger here, here, and here. She’s asked for input from the Affirmative Action team, so here it… Continue Reading

Weekly catch-up

Posted in Discrimination, FOCUS, Franchise, Labor Relations, Politics
You want my salary history? That’s sex discrimination! Well, actually, it’s a little more complicated. Kacy Coble of our Memphis Office has a great post over at FOCUS, our women’s leadership blog, about the perfectly legitimate, non-discriminatory reasons why employers sometimes use salary history in setting pay — and how alternatives may be even more unfair. As state and… Continue Reading

Weekly catch-up

Posted in ConstangyTV, HR, Labor Relations, Politics, Safety
OSHA intends to postpone requirement that safety reports be submitted electronically for all the world to see. You may recall that, about a year ago, the Occupational Safety and Health Administration issued a rule that would require certain employers to submit some injury and illness reports electronically. The information would then be made publicly available. Now OSHA says… Continue Reading

Trumpdate: Proposed budget shows “yuuuge” changes afoot in labor and employment arena

Posted in Affirmative Action, Benefits, Discrimination, Equal Pay, HR, Immigration, Labor Relations, Politics, Pregnancy, Safety, Unemployment, Wage-Hour
Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a BUNCH. The following is a compilation of a number of articles published in yesterday’s edition of Bloomberg BNA’s Daily Labor Report (paid… Continue Reading

Proposed merger of EEOC, OFCCP faces opposition from both sides

Posted in Affirmative Action, Discrimination, Elections, Politics
Last week, I wrote about a report in Bloomberg BNA that the Trump Administration was thinking about letting the Equal Employment Opportunity Commission “absorb” the Office of Federal Contract Compliance Programs. The idea had some appeal for me because both agencies enforce variants on federal prohibitions against discrimination. But I admitted that I hadn’t thought it through, and… Continue Reading

Trumpdate: NLRB finalists, EEOC to swallow up OFCCP?

Posted in Affirmative Action, Elections, Labor Relations, Politics
NLRB candidates being vetted. Bloomberg BNA reported last night that President Trump has settled on two candidates to fill the two vacant seats on the National Labor Relations Board. One is William Emanuel, a shareholder in the Los Angeles Office of the management-side law firm Littler Mendelsohn. Here is a link to his firm bio. The other… Continue Reading

Trump names Miscimarra Chairman of the NLRB (no more of this “Acting” stuff!)

Posted in Elections, Labor Relations, Politics
According to Politico‘s “Morning Shift,” President Trump on Friday night promoted Philip Miscimarra from Acting Chairman to plain old Chairman of the National Labor Relations Board. Congratulations, Chairman! As of this morning, the NLRB website is still listing him as Acting Chairman. There are still two vacant seats on the five-member Board, which the President will be… Continue Reading

10 habits of highly effective HR professionals (April Fool’s edition)

Posted in Americans with Disabilities Act, Corporate Culture, Discrimination, Elections, Employment at Will, Equal Pay, Family and Medical Leave Act, Harassment, HR, Labor Relations, Politics, Protected Concerted Activity, Retaliation, Safety, Wage-Hour, Workers' Compensation
DEAR READERS: Before you accuse me of legal malpractice, take a look at tomorrow’s date.   Habit 1: Discriminate, retaliate, harass — have a ball! There’s a new sheriff in town, with a more employer-friendly, compliance-assistance-oriented U.S. Department of Labor (we think) and the nullification of burdensome regulations like the gone-and-not-lamented Fair Pay and Safe Workplaces Rule.… Continue Reading

Trumpdate: Labor nominee Acosta gets through HELP Committee, Dems support Gorsuch

Posted in Politics
Two big developments of interest to employers: The Senate Heath, Education, Labor and Pensions Committee approved the nomination of Alex Acosta, President Trump’s nominee for Secretary of Labor, in a 12-11 straight party-line vote. This means that Mr. Acosta’s nomination will be voted on by the full Senate. According to The Washington Post, no date… Continue Reading

“The freezing trucker” and Gorsuch’s heart of ice: A micro-fiction

Posted in Politics, Transportation Industry
It was a bleak and frigid night on I-88 somewhere in northern Illinois. The icy wind whipped across the flatlands, grazing the endless rows of white, brittle remains of last year’s corn crop. The only place to be that night was in your house, wrapped in your Snuggie, with a warm glass of brandy, watching videos of past vacations at Daytona… Continue Reading

Weekly catch-up

Posted in FOCUS, Franchise, Labor Relations, Politics
Franchisors received some encouraging news this week from President Trump’s Acting Solicitor General, Nicholas Geale. Mr. Geale says that he prefers not to bring enforcement actions based on a theory that franchisors and franchisees are “joint employers.” He also said that he hopes the U.S. Department of Labor will focus on helping employers to comply… Continue Reading

Fair Pay and Safe Workplaces and its “executioner”: The Congressional Review Act

Posted in Affirmative Action, Elections, Politics
The U.S. Senate has passed, 49-48, a resolution of disapproval of the Fair Pay and Safe Workplaces rule. The resolution of disapproval passed the House in February, and we’ve reported on it here and here. If the President signs the resolution, as is expected, then Fair Pay and Safe Workplaces will be dead. The controversial rule, issued by… Continue Reading

Trumpdate: Beware the Ides of March!

Posted in Elections, Immigration, Politics
Two Trumpian developments of interest to employers will occur on March 15, next Wednesday: Alex Acosta’s confirmation hearing is scheduled to take place that day. Mr. Acosta is President Trump’s nominee for Secretary of Labor, and is expected to have relatively smooth sailing. On the other hand, is there anything that has been “smooth” about… Continue Reading

Weekly catch-up

Posted in Elections, Immigration, Labor Relations, Politics, Protected Concerted Activity
Work card renewal for foreign workers gets easier. First, I neglected last week to include this Immigration Dispatch by Elizabeth Joiner on changes to the process for renewing Employment Authorization Cards (aka “work cards”) that should make things easier for foreign workers. Please do read, and, Elizabeth, I apologize for the delay! The January-February edition of… Continue Reading

Trumpdate: Tons of employment-related stuff!

Posted in Discrimination, Elections, Immigration, Politics, Wage-Hour
The employment law week in Trumpland started out a little slow, but now we’re back in business. Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good for his successor nominee Alexander Acosta. Mr. Acosta seems to have bipartisan support in the Senate, and has even… Continue Reading

Weekly catch-up

Posted in ConstangyTV, Discrimination, Elections, ERISA, Labor Relations, Politics, Protected Concerted Activity, Safety
Yikes. I hope I haven’t missed anybody. Wild week! We hope that the immigrant strikes are about over by now, but they may continue into today, and a women’s strike is reportedly set for March 8. Do employers have any recourse when their employees go out on strike? It depends. If the strike is “protected… Continue Reading