Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “U.S. Department of Labor”

Cheryl Stanton nominated for Wage Hour Administrator

Posted in Wage-Hour
Bloomberg BNA reported Friday evening that President Trump has nominated Cheryl Stanton of South Carolina as Administrator of the Wage Hour Division of the U.S. Department of Labor. Ms. Stanton is currently executive director of the S.C. Department of Employment and Workforce, which administers unemployment compensation for the state. She has been a shareholder with the management-side employment… Continue Reading

Obama overtime rule is declared invalid — for good? (Let’s hope.)

Posted in Wage-Hour
NOTE FROM ROBIN: This is a client bulletin by Jim Coleman and Ellen Kearns, co-chairs of our Wage and Hour Practice Group, that went out this afternoon. Because the blog subscription and bulletin subscription lists are not identical, I’m reproducing the bulletin here for our blog readers. UPDATE (9/5/17): As we expected, today the U.S. Department of Labor filed an… Continue Reading

DOL will coordinate VETS-4212 with new EEO-1 reporting requirements (as much as it can).

Posted in Affirmative Action
As we have reported previously, the EEO-1 filing process is changing. The EEO-1 reports that would have been required by September 30, 2017, now do not have to be filed until March 31, 2018. The “catch” is that the new EEO-1 reports will require compensation data from a workforce “snapshot” taken between October 1 and… Continue Reading

DOL asks for feedback on salary levels in overtime rule

Posted in Wage-Hour
The U.S. Department of Labor has issued its promised Request for Information on the salary levels in the Obama Administration’s overtime rule. The RFI was published in yesterday’s Federal Register. Comments are being accepted through September 25. Invoking President Trump’s Executive Order 13777, the RFI focuses on the minimum salary levels that should apply to the… Continue Reading

Senate hearing on labor and employment nominees set for today — but will it happen?

Posted in Labor Relations, Politics
The Senate is scheduled to hold a “combined” confirmation hearing starting at 9:30 a.m. Eastern today on three Trump nominees for labor-and-employment-related positions: Marvin Kaplan and William Emanuel, both of whom have been nominated to vacant seats on the National Labor Relations Board, and Patrick Pizzella, who has been nominated to be Deputy Secretary of… Continue Reading

Weekly catch-up

Posted in California FEHA, Discrimination, Gender Identity Discrimination, Politics, Wage-Hour
Overtime rule – what’s the Trump Administration doing? Last Friday, I posted about the U.S. Department of Labor’s brief in the case challenging the Obama Administration’s overtime rule, which has been enjoined since November 2016. The Trump DOL position had me scratching my head because it sounded an awful lot like the Obama DOL position,… Continue Reading

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

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: 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

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

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

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

Trumpdate: What do you think about Andrew Puzder and his “scandals”?

Posted in Discrimination, Elections, Immigration, Politics, Wage-Hour
The confirmation hearing for Andrew Puzder, President Trump’s nominee for Secretary of Labor, is supposed to take place tomorrow. While we wait to see what happens, I thought it might be fun to open a comment thread so we can opine about the issues that have been raised against him. Do you think they’re legitimate? Do you… Continue Reading

Trumpdate: Court refuses to stay TRO against travel ban, Puzder hearing scheduled

Posted in Elections, Immigration, Politics
Yesterday, a panel of the U.S. Court of Appeals for the Ninth Circuit denied the Trump Administration’s motion to stay the temporary restraining order issued by a federal judge in Seattle. This means that the TRO, which blocks the temporary travel ban from taking effect, will remain in place. The Administration may seek review by… Continue Reading

Daily Trumpdate: Rough times for Puzder?

Posted in Elections, Immigration, Politics
The confirmation hearing for Andrew Puzder, President Trump’s nominee for Secretary of Labor, has been postponed yet again – now it’s scheduled for Tuesday, February 7. According to the Washington Post, Mr. Puzder has submitted his paperwork to the Office of Government Ethics, which is reviewing it and has not yet turned it over to the… Continue Reading

Daily Trumpdate: DOL requests extension in overtime case

Posted in Elections, Politics, Wage-Hour
Dum-da-dum-dum! Bloomberg BNA reports that the U.S. Department of Labor, which is the defendant in a lawsuit challenging the rule regarding white-collar exemptions to the overtime provisions of the Fair Labor Standards Act, has asked for an extension of time to allow “incoming leadership personnel adequate time to consider the issues.” You know what that… Continue Reading

Daily Trumpdate: The 4 known SCOTUS contenders

Posted in Elections, Politics
President Trump announced yesterday that he would be naming his nominee for the U.S. Supreme Court next week. The nominee, if confirmed, will fill the seat vacated by the late Justice Antonin Scalia. According to most news sources, the three leading contenders are U.S. Court of Appeals Judges William Pryor (Eleventh Circuit), Neil Gorsuch (Tenth Circuit),… Continue Reading

Fact Check: Does Labor nominee Puzder really want to put people out of work?

Posted in Elections, Politics
The Senate confirmation hearing for Andrew Puzder, President-Elect Trump’s nominee for Secretary of Labor, will reportedly take place this Wednesday, January 12. (UPDATE (1/10/17): According to Politico, Mr. Puzder’s confirmation hearing will now take place on Tuesday, January 17.) Mr. Puzder’s nomination is vigorously opposed by employee advocates, unions, and Democrats. (He is still expected to… Continue Reading