On November 23, 2016, we issued a Client Bulletin titled “Employers Can Breathe A Sigh of Relief Come December 1: Court strikes down overtime rule.”  But a new lawsuit in federal court in New Jersey puts a gulp in that sigh of relief.

Background

As previously reported, regulations that would have more than doubled the salary threshold for Administrative, Executive and ...

Memorial Day is upon us. While the idea of a three-day weekend, cookout, and pool party can be distracting, I encourage everyone to stop and remember those who have lost their lives in the service of our country. It’s also a perfect time for us to refresh ourselves on the legal obligations of federal contractors to employ veterans. "We honor the dead best by treating the living ...

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 subscription ...

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 ...

The Senate has finally confirmed R. Alexander Acosta as Secretary of Labor, and he is expected to be sworn in tomorrow. (Yay!)

The vote was 60 to 38, meaning that he got some decent bipartisan support.

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 has yet been set for the Senate vote.

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 with the law and less on ...

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 the President's first months in office?

A ...

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 been endorsed by the International Union of ...

President Trump's new nominee for Secretary of Labor is R. Alexander Acosta, dean of the law school of Florida International University in Miami. Before he became a law school dean, Mr. Acosta's experience included heading the Civil Rights Division of the U.S. Department of Justice under President George W. Bush. He was also a member of the National Labor Relations Board for about eight ...