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With President Trump in office for nine months now, it is hard to believe that none of his people are yet on the Equal Employment Opportunity Commission. The four currentCommissioners, including the Acting Chair, Republican Victoria Lipnic, and former Chair Jenny Yang, were all appointed by President Obama.

But that may change soon. The Senate Health, Education, Labor and Pensions Committee held hearings this week on the nominations of Janet Dhillon for EEOC Chair and Daniel Gade for EEOC Commissioner.

(The Senate confirmation vote for William Emanuel, whose nomination as a Member of the National Labor Relations Board has been pending for quite some time, is expected to take place imminently.)

Here’s what we have learned about Ms. Dhillon and Dr. Gade from this week’s HELP Committee testimony, according to an article in Bloomberg BNA’s Daily Labor Report:

Just in time for Labor Day . . . the new Executive Labor Summary is out! Our favorite labor 

commentator, David Phippen of our Washington DC-Metro Office, is his usual bad* self, with the latest of President Trump’s nominees and appointees to the National Labor Relations Board, a court’s “joint employer” decision that may indicate where the now-Republican Board will end up on this issue, the UAW defeat at Nissan in Mississippi, union-related scandals at the U.S. Postal Service and between Chrysler and the UAW, and — a pro-union vote at a chain of erotica shops in New York. (Leave it to David to make labor relations sexy.) Oh, and I almost forgot – a herd of goats taking union jobs in Michigan.

*By “bad,” I mean “awesome.”

Image Credit: From flickr, Creative Commons license, by Jelene Morris. 

NOTE FROM ROBIN: Last night, I posted briefly that the EEOC’s requirement, starting next March 31, that employers include compensation data in their annual EEO-1 reports had been suspended. We now have more information, and I have drafted a client bulletin that will go out this afternoon. Because the blog subscription and bulletin subscription lists are not identical, I’m ...

Bloomberg BNA reported last night that President Trump plans to nominate management-side labor attorney Peter Robb to become General Counsel for the National Labor Relations Board, replacing Richard Griffin, whose term expires this fall.

Mr. Robb is a partner with the Vermont law firm Downs Rachlin Martin, PLLC. (I don't know Mr. Robb, but another (now former) Downs Rachlin attorney ...

If you're a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are, there may be state or local laws protecting employees from discrimination based on their political beliefs or activities, but those jurisdictions are the ...

President Trump endorses the RAISE Act, which would clamp down on legal immigration. The RAISE Act legislation, among other things, would give immigration priority according to a skills-based "points" system and to individuals who speak English. If enacted in its current form, it would be expected to reduce legal immigration to the United States by about 50 percent. Will ...

*sob!*

Bloomberg BNA reported last night that Philip Miscimarra, Chairman of the National Labor Relations Board and a voice of reason, will be leaving when his term expires on December 16 of this year.

Chairman Miscimarra said that he had been asked to stay for another term but decided not to because he had three kids going to college. Reading between the lines (not very difficult in this ...

The U.S. Senate yesterday confirmed Marvin Kaplan's appointment to the National Labor Relations Board, which means that there is now an equal number of Republicans and Democrats on the Board.

William Emanuel, a management-side attorney from Littler Mendelsohn, is the last Trump nominee to the Board. His confirmation vote will not take place until after the Senate's August ...

President Trump has nominated Daniel M. Gade to the last vacant slot on the Equal Employment Opportunity Commission. Dr. Gade, who has a Master's and Ph.D. in Public Administration and Public Policy, is a veteran of the second Iraq War, and lost his right leg in 2005 after an explosion that occurred while he was carrying out a routine patrol.

After spending about a year in recovery, Dr ...

In February, President Trump issued Executive Order 13777, "Enforcing the Regulatory Reform Agenda," which directs federal agencies to establish regulatory reform task forces to make recommendations about repealing, replacing, or modifying existing regulations that do the following:

  1. eliminate jobs, or inhibit job creation;
  2. are outdated, unnecessary, or ineffective;

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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