Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “Persuader Rule”

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 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

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

Employment and labor law developments (and a few other things) I’m thankful for

Posted in Affirmative Action, Discrimination, Elections, FOCUS, Gender Identity Discrimination, Labor Relations, Public Sector Employment, Settlements, Sexual Orientation
This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department of Labor’s new rule governing white-collar exemptions under the Fair Labor Standards Act was struck… Continue Reading

Weekly catch-up

Posted in HR, Labor Relations
The U.S. Department of Labor’s new Persuader Rule, which was scheduled to take effect July 1 before it was temporarily blocked by a federal judge in Lubbock, Texas, has now been permanently enjoined. That means the new Rule is dead, subject to the DOL’s right to appeal the decision. And, of course, with the incoming Trump… Continue Reading

Everything’s happening in Texas!

Posted in Labor Relations, Wage-Hour
Don’t mess with Texas. In Lubbock yesterday, Judge Sam R. Cummings permanently enjoined the U.S. Department of Labor’s Persuader Rule, which is great news for employers. David Phippen has the full story here. The DOL can appeal to the U.S. Court of Appeals for the Fifth Circuit (it’s already appealing the preliminary injunction issued in… Continue Reading

Light reading for your Fourth of July weekend

Posted in Constangy News, Discrimination, Drug Testing, FOCUS, Gender Identity Discrimination, Labor Relations, Lawyers!, Retaliation, Safety
Well, maybe not light reading, but good reading about good news that you won’t want to miss! Here are our bulletins and other publications from the last week, in case you missed them: *Heather Owen is already shooting off Fourth of July fireworks at the FOCUS women’s leadership blog because our firm was named this week by the National… Continue Reading

Your summer labor and employment reading list — for this week, anyway

Posted in Affirmative Action, Discrimination, FOCUS, Gender Identity Discrimination, Labor Relations, Pregnancy
I was on vacation last week, and so we have a lot of catching up to do. Here’s what’s been going on, from most to least recent: *David Phippen has been keeping us up to date on the U.S. Department of Labor’s Persuader Rule and what that will mean for employers. On Wednesday, a federal judge in… Continue Reading

No April foolin’ – third lawsuit challenging DOL Persuader Rule is filed

Posted in Labor Relations, Lawyers!
We now have an April Fool’s Day Persuader Rule challenge (but it’s real). The National Federation of Independent Business leads this group of plaintiffs, and has filed suit in federal court in Texas, which is in the Fifth Circuit. The other two lawsuits were filed in Arkansas and Minnesota, both in the Eighth Circuit. Here’s our… Continue Reading

Happy *hic* New Year! 2011 labor and employment law year in review

Posted in Affirmative Action, Americans with Disabilities Act, Class actions, Discrimination, Genetic Information Non-Discrimination Act, GINA, Harassment, Independent Contractor, Labor Relations, Protected Concerted Activity, Retaliation, Social media, Wage-Hour
Here is a whimsical and moderately amusing catalog of the major employment and labor law developments from 2011. (I just heard that the world really isn't going to end on 12/21/12. What's with that? You mean we have to do this again next year?)… Continue Reading