Trump Expected to Nominate Two Management Attorneys to NLRB

Eric Paltell
Eric Paltell
05/11/2017
According to sources with access to the White House, President Trump  plans to nominate two Republican attorneys to the NLRB by June, and to have them confirmed by the Senate before its August recess.  The nominees,  Marvin Kaplan and William Emanuel, would  fill the two vacant slots on the  Board and give agency a Republican majority. Emanuel is a management-side employment lawyer with Littler Mendelson in Los Angeles.  According to the...
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Trump Nominates Acosta to Head Department of Labor

Kollman & Saucier
Kollman & Saucier
02/17/2017
As readers of this blog may be aware, in yesterday's post, I called attention to the fact that there was no replacement pick lined up for the Secretary of Labor.  Less than twenty-four hours after Andrew Puzder’s decision to withdraw his nomination, President Trump selected R. Alexander “Alex” Acosta to head the DOL.  If confirmed, Acosta would be the first Hispanic member of the current Cabinet.  (For anyone wondering, Alex Acosta is not...
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Puzder Withdraws From Consideration For Secretary Of Labor

Kollman & Saucier
Kollman & Saucier
02/16/2017
Two months ago, nearly to the day, I wrote about Andrew Puzder’s nomination as Secretary of Labor in the Trump administration.  After having his confirmation hearings before the Senate Health, Education, Labor and Pensions (HELP) Committee pushed back four times, and with hearings finally set for today, Puzder withdrew from consideration yesterday afternoon. While supporters of the nomination touted Puzder’s business record as the owner of CKE...
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EEOC Extends Public Input Period on Draft Workplace Harassment Guidelines

Kollman & Saucier
Kollman & Saucier
02/09/2017
On February 3, the EEOC extended the public input period on its draft harassment enforcement guidance for an additional 40 days.  The EEOC released its draft harassment enforcement guidance for public input initially on January 10.  Following a 2016 task force study, the EEOC concluded that harassment in the workplace remains a serious problem, reporting in the document that in 2015, nearly one third of approximately 90,000 charges the EEOC...
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EEOC Issues New Guidance on Accommodating Mental Health Disorders

Bernadette Hunton
Bernadette Hunton
01/30/2017
The EEOC issued a resource document last month that discusses employee rights in the workplace related to mental health conditions.  Below is a summary of key points: It Is Illegal to Discriminate Against an Employee Based on a Mental Health Condition. Discrimination includes, among other things, discharge, failure to hire or promote, and forced leave.  Employers are not required to hire or retain employees who pose a “direct threat” to...
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Puzder Nomination Likely Signals New Frontier for Employers

Kollman & Saucier
Kollman & Saucier
12/15/2016
Toward the end of last week, President-elect Trump nominated Andrew Puzder, the longtime President and CEO of the company behind Carl’s Jr. and Hardee’s restaurants, to be his Secretary of Labor.  With Mr. Puzder expected to be confirmed next month, a review of his record suggests that the Labor Department will take a decidedly pro-employer turn in the incoming administration.  (Meanwhile, outgoing Labor Secretary Tom Perez is rumored to be...
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Employers Must Begin Using Revised I-9 Form January 22, 2017

Bernadette Hunton
Bernadette Hunton
12/09/2016
Last month, U.S. Citizenship and Immigration Services (USCIS) published a revised Form I-9, Employment Eligibility Verification, that employers must begin using January 22, 2017.  Form I-9 is the form employers are required to complete for each new hire to verify an employee’s identity and eligibility to work in the United States. The revised Form I-9 is designed to be overall easier to complete electronically.  Among other things, it’s...
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OSHA's New Reporting Rules Take Effect

Randi Klein Hyatt
Randi Klein Hyatt
12/01/2016
The "third time's a charm" applies to even the federal government.  The Department of Labor has not been able to get many ticks in the W column lately with both its Persuader Rule and Overtime Rule getting enjoined from implementation.  Although attempts were made to enjoin these new reporting rules from becoming effective, yesterday, a trial judge denied issuing an injunction against OSHA's new reporting rules. So, as of today, employers are...
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Federal Court Issues Nationwide Order Blocking New Overtime Rule

Employers received something to be thankful for late yesterday afternoon, when a federal judge in Texas issued a nationwide preliminary injunction against the Obama Administration’s overtime rules that were scheduled to take effect on December 1. With the Trump Administration set to take office on January 20, 2017, there is a significant chance the new rules will never take effect. A brief FLSA refresher: employers are ordinarily required to pay...
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Court Permanently Enjoins DOL Persuader Rule

Eric Paltell
Eric Paltell
11/18/2016
As we have previously reported,  in March 2016, the United States Department of Labor modified its 54 year old “Persuader Rule,” which applies to communication with employees regarding union activity. The proposed revisions significantly  restrict employer rights to be advised on how and what information can be disseminated to employees by providing burdensome reporting requirements on both the employer and the advisors -including...
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