The federal government’s Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions (regulatory agenda), which provides insight into federal agencies’ priorities for the near and long term, was released on May 22, 2019. The latest regulatory agenda provides revised rulemaking timelines, and includes some new areas of focus. This article highlights some notable rules and their projected progress through the rulemaking process.
Articles Discussing Government Agencies That Oversee The Workplace.
U.S. Supreme Court Hears Oral Argument on Agency-Deference Doctrine
Should courts defer to agency interpretations of their own regulations so long as the interpretations are reasonable, even if a court believes another reasonable reading of a regulation is the better reading? In Auer v. Robbins, 519 U.S. 452 (1997), and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), the U.S. Supreme Court said yes. However, the Court heard oral argument on March 27 on whether those cases should be overturned. Kisor v. Wilkie, No. 18-15. If the Court overturns Auer and Seminole Rock, the decision will have a significant impact on many employment cases involving interpretations of agency regulations, particularly those issued by the Department of Labor. The case is definitely one to watch and the decision will affect nearly every federal agency.
How will the Partial Government Shutdown Affect Employers, Especially Federal Contractors?
After a tumultuous week on Capitol Hill, Congress adjourned Friday evening without reaching a deal to fund portions of the U.S. government, resulting in a partial government closure when funding lapsed at midnight. President Trump indicated he would not sign any bill that did not include roughly $5 billion to pay for a U.S.-Mexico border wall, creating a political impasse. Although negotiations to fund nine federal departments and several smaller agencies could resume next week, it is not possible to predict how long the government will remain partially closed. In the meantime, many employers are wondering what this means for their operations.
‘Tis the Season for Budget Negotiations: What is the Potential Impact of Another Government Shutdown?
With less than a week left on the December 21st deadline to reach a spending deal and avoid another government shutdown, tensions are high in Washington D.C. On Tuesday, President Trump stated he would refuse to sign a spending bill that did not contain a $5 billion allocation for a border wall. It is questionable, however, whether such a bill would pass in the House or Senate. Thus, it is possible we will see the third shutdown of certain government agencies in this presidential term.
Brett Kavanaugh Nominated to U.S. Supreme Court
In the wake of Justice Anthony Kennedy’s retirement, President Donald Trump was presented with the rare opportunity to make his second U.S. Supreme Court nomination in as many years, nominating the Honorable Brett M. Kavanaugh to succeed Justice Kennedy. If confirmed by the Senate, Judge Kavanaugh would bring more than a dozen years of judicial experience to the position.
A Closer Look at Trump’s Latest SCOTUS Nominee: Brett Kavanaugh
On July 9, 2018, President Trump nominated Judge Brett M. Kavanaugh to potentially fill the impending U.S. Supreme Court vacancy created by Justice Anthony Kennedy’s retirement, which takes effect on July 31, 2018. Judge Kavanaugh currently sits on the U.S. Court of Appeals for the D.C. Circuit. He has consistently demonstrated conservative legal reasoning as an appellate judge and is likely to bring that perspective to the Supreme Court, if confirmed.
Latest Merger News: Proposal to Merge Departments of Labor and Education
Early in the Trump Administration, it was proposed to move OFCCP into the EEOC. Congress subsequently rejected the budget proposal containing the proposed merger and the idea was put to rest.
Agencies Release Regulatory Roadmap for 2018 and Beyond
The latest Unified Agenda of Regulatory and Deregulatory Actions (“spring agenda”) continues this administration’s trend of adding fewer new rules and reexamining older ones. These semiannual agendas provide insight into federal agency priorities for the coming year. While the list of upcoming rules is relatively pared down compared to those issued during the prior administration, there are still a few surprises in the spring agenda. Notably, the Department of Labor (DOL) is pushing the issuance of a new proposed rule governing overtime into 2019, and the National Labor Relations Board (NLRB) is considering drafting a rule on joint employment. Some highlights of the spring agenda are discussed below.
President’s FY 2019 Budget Proposal Signals Cuts to Labor and Employment Funding
President Trump’s budget proposal for fiscal year 2019 indicates the administration intends to scale back the Department of Labor (DOL) and National Labor Relations Board (NLRB). The White House is also interested in crafting a new parent paid leave program administered through the unemployment insurance system, boosting apprenticeship programs, and mandating the use of E-Verify.
Review, Revise or Rescind – Agency Plans and Unified Agenda Reveal More Regulatory Editing is in Store for 2018
The Trump administration’s Unified Agenda of Regulatory and Deregulatory Actions (“regulatory agenda”), released on December 14, 2017, indicates agencies are taking a hard look at existing rules, and treading lightly with new ones. The fall regulatory agenda outlines each agency’s rulemaking efforts at any stage in the process—from requests for information to final regulations—and gives estimated timelines for completion. This information provides insight into an agency’s priorities and what employers can expect in the coming months.
Labor Secretary Discusses DOL Priorities During House Committee Hearing
Labor Secretary Alexander Acosta fielded a range of questions on the DOL’s priorities during a November 15 hearing before the House Committee on Education and the Workforce. Although members of the Committee inquired about past, current, and future rulemaking and other Department initiatives, the limited duration of Wednesday’s hearing allowed Secretary Acosta to deliver only brief responses. The hearing did, however, provide some insight into the DOL’s stance on health care, OSHA enforcement, overtime rulemaking authority, apprenticeship, and other workplace concerns.
Agency Heads Discuss Changes in Regulatory Direction During Federalist Society Panel
The current leaders of the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board addressed transitions and regulatory plans at their respective agencies at a November 16 forum. The Federalist Society, a conservative think-tank, sponsored the panel discussion during which the speakers advocated a more common-sense approach to rulemaking, and supported the Trump administration’s efforts to rescind or scale back some of the prior administration’s more onerous rules.
WPI Insider Briefing: Will the New Composition of Federal Agencies Effect Change?
Nine months into President Trump’s term, the pace of nominations and appointments to fill critical position within his administration is accelerating. Action on the nominations to the National Labor Relations Board (NLRB), Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL) signals that widely expected changes in workplace policy are indeed forthcoming.
The Department of Health and Human Services Revises Drug Testing Custody and Control Form
Executive Summary: On August 8, 2017, the Department of Health and Human Services (HHS) announced that the Office of Management and Budget approved its revised Federal Drug Testing Custody and Control Form (CCF). However, Department of Transportation (DOT)-regulated employers should not use the revised CCF at this time since the DOT has not authorized testing for new synthetic opioids included on the form and has not approved use of the new form.
Federal Agencies Scale Back Their Workplace Regulatory Ambitions
During the prior administration, congressional gridlock prevented many significant labor and employment bills from advancing. Federal agencies picked up the slack, issuing several rules to help carry out much of President Obama’s workplace agenda. The latest Unified Agenda of Regulatory and Deregulatory Actions, which lists agency regulatory priorities f