Trump administration signals HR-related rulemaking priorities

The Trump administration issued its first semiannual regulatory agenda on July 20, listing hundreds of issues it would seek to address using the executive branch’s rulemaking authority.

Employees can almost always wear union logos

The National Labor Relations Act provides powerful support for employees who want to join a labor union. It generally permits employees to wear a union logo on their clothing at work. Punishing employees for doing so will often result in the filing of unfair labor practices charges.

U.S. Supreme Court concludes term light on employment law

The U.S. Supreme Court term that ended in June was most defined by the addition of new Associate Justice Neil Gorsuch in April. The High Court had been operating short-handed since February 2016, when Justice Antonin Scalia died. Few of the cases decided affected employment law.

Out-of-state employers can be liable under NYHRL

Out-of-state entities with the power to dictate a New York employer’s hiring and retention policies take notice: You can be subject to liability under the New York Human Rights Law if you “aid and abet” discrimination against individuals who have a prior criminal conviction, even if you are not the direct employer of those individuals.

Stanton to be tapped to head Labor Department's Wage & Hour Division

President Trump is expected to nominate Cheryl Stanton to serve as administrator of the Department of Labor’s Wage and Hour Division.

House bill would cut DOL budget 11%

The House Appropriations Committee has proposed an 11% smaller budget for the Department of Labor next year.

NLRB nominee says he would sit out cases involving his law firm

Testifying at his confirmation hearing July 13, William Emanuel, nominated to fill a pot on the National Labor Relations Board, faced skeptical questioning from Democratic senators.

Farm settles case claiming bias against Americans

Christner Farms in Dawson, in the southwest corner of Pennsylvania, has paid almost $22,000 to settle charges it filled positions with H-2A visa holders but refused to hire a qualified American citizen.

Labor Dept. to resume issuing opinion letters

Secretary of Labor Alex Acosta is making good on a promise he made during confirmation hearings earlier this year: The U.S. Department of Labor is bringing back opinion letters explaining how it interprets the laws it enforces, most notably the Fair Labor Standards Act.

DOL on overtime rule: We could defend but don't really want to

The Department of Labor has made what may be its last move in the abortive rulemaking process that would have raised the white-collar overtime salary threshold.

Dhillon in, Lipnic out as EEOC chair

In a move that surprised EEOC staffers and employment law attorneys alike, President Trump on June 28 nominated corporate lawyer Janet L. Dhillon to chair the EEOC.

Attendance rules may interfere with California Labor Code

Many employers’ attendance policies assign an “occurrence” for unscheduled, unapproved absences. It is important to carefully craft such policies to avoid running afoul of antidiscrimination and anti-retaliation provisions found in state and local paid sick leave laws.

Trump moves to create GOP majority at NLRB

President Trump has nominated management-side employment lawyer William J. Emanuel and Marvin Kaplan, chief counsel at the commission that reviews contested OSHA decisions, to the National Labor Relations Board.

DOJ reverses course, will argue in favor of class-action waivers

In a move not seen in more than 35 years, the U.S. Department of Justice is switching sides in an upcoming Supreme Court case. The DOJ announced June 16 that it would no longer argue the employees’ case in NLRB v. Murphy Oil, backing management instead.

DOL tells staffers to stay home when Trump delivers speech at HQ

In advance of President Trump’s planned June 14 visit to the Department of Labor, Acting Deputy Labor Secretary Ed Hugler sent an all-staff email urging DOL employees not to come to work that day.
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