This week, President Trump announced that he would nominate Daniel Gade for the last open seat on the five-member U.S. Equal Employment Opportunity Commission.
Articles About The Federal Government’s Employment, Benefits And Immigration Agencies.
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
DOL’s Revival of Opinion Letters and Request for Input on Overtime Rules Welcome News for Employers
Executive Summary: The U.S. Department of Labor (DOL) has announced that it will return to the practice of issuing Opinion Letters in response to inquiries from businesses regarding federal wage and hour issues, a practice abandoned under the prior administration. The DOL has also taken affirmative steps to seek additional public comment on the overtime rules proposed last year, the legality of which is currently being challenged in federal court. Both developments should be welcome news to employers, as they signal that the Department will likely provide more guidance to businesses with respect to compliance under the FLSA and that it may be taking steps towards revising the proposed overtime rules.
Opinion Letters Are Back!
The U.S. Department of Labor’s Wage & Hour Division announced today that it is bringing back the WHD Opinion Letter.
DOL: Opinion Letters Are Back!
On June 27, 2017, the U.S. Department of Labor (“DOL”) announced that it has reinstated the issuance of Opinion Letters by its Wage & Hour Division and unveiled a new website to guide employers and employees in requesting an Opinion Letter. The agency also redesigned the website housing its Opinion Letters and other sub-regulatory guidance.
Has The Dismantling of the Labor Regulatory Regime Commenced?
The Trump campaign promised regulatory reform, and most experts expected the new administration would target some of the Department of Labor regulations, enforcement actions, and guidances under the Obama administration that impacted the employer and employee relationship. As predicted, under the leadership of new Labor Secretary Alexander Acosta, the DOL is reviewing and revising the current regulatory regime.
Breaking News: EEOC/OFCCP Proposed Merger Resulting in Unexpected Allies
As we speculated yesterday, the White House’s proposed budget for fiscal year 2018 proposes to merge the Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC).
House Hearing Examines EEOC’s Regulatory and Enforcement Policies
On Tuesday, May 23, 2017, the House Subcommittee on Workforce Protections held a hearing to discuss the direction of the U.S. Equal Employment Opportunity Commission (EEOC). The witnesses and lawmakers raised several topics related to the EEOC’s regulatory and enforcement priorities in recent years and the Commission’s revised EEO-1 report. The EEOC’s focus on systemic investigations came under scrutiny as did the FY 2018 proposed budget’s call for merging the EEOC with the Office of Federal Contract Compliance Programs (OFCCP). The following provides a brief overview of the hearing.
President’s Budget Proposes Paid Leave, Funding Cuts, and Merger of OFCCP and EEOC
President Trump has released his proposed federal budget, setting out his priorities for the 2018 fiscal year, which begins October 1.1 As anticipated, the budget represents a marked shift in potential government spending; it proposes to eliminate roughly $3.6 trillion over the next decade. And, true to his campaign promise, the president seeks to designate funds ($1.6 billion) for commencement of the construction of a wall along the southern border.
Group of Senators Request Rescission of EEOC Pay Disclosure Rule
As employers eagerly await the fate of the EEOC’s pay disclosure rule, a group of senators asked the Trump administration to unwind the rule.
DOL Proposes to Delay Fiduciary and Beryllium Rules
In response to recent presidential directives, the U.S. Department of Labor is taking steps to delay the applicability and effective dates of two rules. First, the DOL’s Employee Benefits Security Administration (EBSA) has proposed to extend by 60 days the applicability date of the rule defining who is a “fiduciary” under the Employee Retirement Income Security Act (ERISA). EBSA is also soliciting comments on the issues raised in President Trump’s February 3, 2017 memorandum on the fiduciary duty rule, which called for the agency to update its economic and legal analysis regarding the rule’s impact. Second, the DOL’s Occupational Safety and Health Administration (OSHA) is proposing to push back the effective date of its rule regulating occupational exposure to beryllium.
DOL Fiduciary Rule – A Proposed Delay and Uncertain Future
We’ve previously written about the Department of Labor’s new fiduciary rule, which expands the definition of who is considered a fiduciary under the Employee Retirement Income Security Act, as amended (“ERISA”) and the Internal Revenue Code of 1986, and which addresses related prohibited transaction exemptions. The rule was finalized in April 2016 and is currently set to become applicable on April 10, 2017. The rule’s implementation, however, has been a specific focus of President Donald J. Trump and his administration. As discussed here, on February 3, 2017, President Trump issued a Presidential Memorandum ordering the DOL to examine the rule, requiring in particular an updated economic and legal analysis of the impact of the rule (though the Memorandum did not specifically call for a delay to the rule’s applicability date, as many had expected).
Annual Report on EEOC Developments – Fiscal Year 2016
This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case law and litigation statistics, but also offers an analysis of the EEOC’s achievements and setbacks, and the implications of those outcomes. By focusing on key developments and anticipated trends, the Report provides employers with a roadmap to where the EEOC is headed in the year to come.
Alexander Acosta Nominated to Lead U.S. Department of Labor
Acosta is expected to have a smoother path to confirmation because he has previously been confirmed by the Senate to three positions—National Labor Relations Board (NLRB or Board) Member, Assistant Attorney General, and U.S. Attorney.
Trump Names New Nominee for Secretary of Labor
Yesterday, President Trump’s then nominee for Secretary of Labor, Andy Puzder, withdrew his nomination ahead of his confirmation hearing given the increasing opposition to his nomination by both parties. Less than 24 hours later, President Trump announced Alexander Acosta as his new choice for Secretary of Labor. Mr. Acosta is currently the dean of Florida International University College of Law but has experience in both the public and private sector. Some of Mr. Acosta’s prior positions include being appointed by President George W. Bush to serve as a member of the National Labor Relations Board, his appointment to the role of Assistant Attorney General for the Civil Rights Division of the Department of Justice, and a high profile role as U.S. Attorney for the Southern District of Florida. If confirmed, Mr. Acosta will be the first Hispanic member of President Trump’s cabinet.