Employment & Labor Insider

This week in employment law. Continue Reading ›

What H-1B beneficiaries need to know. Continue Reading ›

Here's what we know as of today. Continue Reading ›

TL;DR: Some big changes. Continue Reading ›

The times, they are a'changin'. Continue Reading ›

I thought this idea was dead, but . . .  Continue Reading ›

Not six feet under yet, but maybe 5'11"? Continue Reading ›

KAVANAUGH! Continue Reading ›

The announcement will be made at 9 p.m. Monday. Eastern Time, I presume.  Continue Reading ›

The list is now down to three: Judge Kavanaugh, Judge Barrett, and Judge Kethledge. Can't wait for Monday! Continue Reading ›

Not enough of a record at this time, IMO. Continue Reading ›

Here is a judge an employer can love. Continue Reading ›

How would Supreme Court contender Amul Thapar be for employers? Continue Reading ›

It's the attorney who won the ground-breaking "pregnancy accommodation" case. Continue Reading ›

Not a lot to the EEOC's 2018-22 Strategic Enforcement Plan, but that might be good for employers. Continue Reading ›

Life is good. Continue Reading ›

UPDATE (1/26/18): Proposed regulations were published in today's Federal Register. Stay tuned! Continue Reading ›

I hope everyone's holidays were happy. While I was out . . . Continue Reading ›

Welcome back to an old friend, and goodbye to one we wish we'd had longer. Continue Reading ›

What are you grateful for this year? Here is my list. Continue Reading ›

California Streamin’. Gov. Jerry Brown has either signed into law or allowed to take effect a torrent of new employment laws that will take effect January 1. Nestor Barrero of our LA-Century City Office has a summary of the significant ones, with recommendations for employers with operations there. Check it out!

Travel Ban 3 has been blocked. First, a federal court in Hawaii blocked President Trump’s September 24 travel ban Proclamation, which replaced the travel ban Executive Order that he issued on March 6 (“Travel Ban 2”). Continue Reading ›

Must-see ConstangyTV! The September edition of ConstangyTV’s “Close-Up on Workplace Law” is on YouTube, and you will not want to miss it. Host Leigh Tyson talks with Jon Yarbrough about social media in the workplace, including social media horror stories and what employers can do about them, the restrictions that have been imposed on social media policies by the National Labor Relations Board, and how that might change now that we have a Republican majority on the Board. To save you a long, grueling trip to our YouTube site, here it is:

Trump’s 8 zillionth* travel ban: what employers need to know. President Trump issued a new travel ban “proclamation” on Sunday, and the excellent Will Krasnow of our Boston Office has read it and explains it all for us in this Immigration Dispatch.

*I might be exaggerating. Continue Reading ›

Management-side labor attorney William Emanuel was confirmed by the Senate today as a Member of the National Labor Relations Board. Mr. Emanuel’s confirmation gives the Republicans a 3-2 majority on the Board.

However, Republican Chairman Philip Miscimarra has announced that he will not seek a second term when his current term expires in December, which means the GOP lead will soon return to a tie until the President has a chance to appoint a successor. Continue Reading ›

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 current Commissioners, 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: Continue Reading ›

All immigration, all the time! Will Krasnow of our Boston Office has been working overtime in 

following the latest developments, and explaining what they mean for employers. Last Friday, he had this Immigration Dispatch on the end of the Deferred Action on Childhood Arrivals under President Trump. (But is the President now close to a DACA deal with the Dems? Could be.) And yesterday, Will had another on the Supreme Court’s temporary stay of an injunction against the Administration’s refugee ban. (A “stay of an injunction of a ban” — triple negative, yay! — means that the Administration can continue, for the time being, to block certain refugees from coming into the United States.) Oral argument on the legal challenge to the President’s March 6 revised travel ban is scheduled for October 10, with a final decision to follow.

Will, thank you for keeping us all up to speed! Continue Reading ›

Bloomberg BNA reported Friday evening that President Trump has nominated Cheryl Stanton of South Carolina as Administrator of the Wage Hour Division of the U.S. Department of Labor. Ms. Stanton is currently executive director of the S.C. Department of Employment and Workforce, which administers unemployment compensation for the state. She has been a shareholder with the management-side employment firm Ogletree Deakins twice, separated by a period in which she was the principal White House liaison to the U.S. Department of Labor, the National Labor Relations Board, and the Equal Employment Opportunity Commission under former President George W. Bush. She is a 1994 graduate of Williams College, and a 1997 graduate of the University of Chicago School of Law. According to the Trump White House, she clerked for Supreme Court Justice Samuel Alito when he was on the U.S. Court of Appeals for the Third Circuit.

Lots going on in the wage-hour area! The USDOL filed a motion to dismiss as moot its appeal of the preliminary injunction blocking the Obama-era overtime rule. Continue Reading ›

Just in time for Labor Day . . . 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.” Continue Reading ›