Trump proposes ‘substantial’ DOL budget cut

March 17, 2017 0 COMMENTS

The U.S. Department of Labor (DOL) would see a nearly 21 percent reduction in funding under the White House’s proposed 2018 discretionary spending budget, which was released March 16.

“A 21 percent cut is very substantial,” according to H. Juanita Beecher, of counsel with Fortney & Scott in Washington, D.C., and an editor of Federal Employment Law Insider. It’s unclear, however, which DOL subagencies will be affected, she said.

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Advocacy groups challenge Trump’s 2-for-1 regulation requirement

February 09, 2017 0 COMMENTS

Three liberal advocacy groups have filed a lawsuit alleging that President Donald Trump’s 2-for-1 regulation mandate violates the U.S. Constitution and directs agencies to violate federal law.

In a January 30 Executive Order, Trump instructed federal agencies to cut two regulations for every new one issued during the current fiscal year. He said the order is aimed at alleviating the regulatory burdens businesses face.

Now, consumer group Public Citizen is challenging the Executive Order, joined by the Natural Resources Defense Council and the Communications Workers of America. In a February 8 complaint, the groups alleged the order violates the Constitution and requires federal agencies to violate both the laws they implement and the Administrative Procedure Act.

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Trump aims to help businesses with 2-for-1 regulatory plan

January 31, 2017 0 COMMENTS

On January 30, President Donald Trump signed an Executive Order directing federal agencies to cut two regulations for every new one issued during the current fiscal year (FY). The move is aimed at alleviating regulatory burdens on both small and large businesses, Trump said while signing the order.

The order says that unless prohibited by law, an agency must identify at least two existing regulations to repeal each time it proposes or finalizes a new regulation. “If you have a regulation you want—number one, we’re not going to approve it because it’s already been approved probably in 17 different forms, but if we do—the only way you have a chance is, we have to knock out two regulations for every new regulation,” he said.

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DOL appeals overtime rule injunction

December 02, 2016 0 COMMENTS

The U.S. Department of Labor (DOL) announced on December 1 that it will appeal a court’s injunction temporarily halting its new overtime regulations.

A federal judge for the U.S. District Court for the Eastern District of Texas blocked the rules on November 22, calling the regulations “unlawful” and noting that the changes in the rules should be left to Congress.

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‘Unlawful’ overtime rule temporarily blocked

November 23, 2016 0 COMMENTS

A federal district court temporarily blocked the U.S. Department of Labor’s (DOL) new overtime rule on November 22, just days before it was scheduled to take effect. The judge who issued the order called the regulation “unlawful” and said such actions should be left to Congress.

At the request of 21 states, the U.S. District Court for the Eastern District of Texas granted an emergency injunction halting the regulation, which would have required employers to pay overtime to employees earning less than $913 per week ($47,476 annually) beginning December 1.

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DOL takes another beating: Court blocks persuader rule

November 18, 2016 0 COMMENTS

A federal district court has permanently blocked a U.S. Department of Labor (DOL) regulation that would have created new requirements for employers looking to keep unions out of their workplaces.

On November 16, the U.S. District Court for the Northern District of Texas granted summary judgment (dismissal without a trial) in favor of business groups and states challenging the so-called persuader rule, finding it “unlawful.” The ruling is the latest in a line of judicial and legislative actions aimed at undoing recent labor and employment initiatives from the Obama administration.

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With Trump win, many employment initiatives in question

November 09, 2016 0 COMMENTS

Recent employment initiatives undertaken by the Obama administration could be in jeopardy under Donald Trump’s presidency, but employers still need to comply with those laws and regulations for now, says one expert.

“In general, things are going to be pretty unpredictable,” said Connor Beatty, an associate with Brann & Isaacson  in Maine and editor of Maine Employment Law Letter. Not only has Trump never held public office, but he’s also changed his position on issues several times, Beatty said.

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White Paper on DOL’s new ‘blacklisting’ rule now available

August 29, 2016 1 COMMENTS

Attorneys with Fortney & Scott, LLC, in Washington, D.C., who edit Federal Employment Law Insider, sprang into action after the U.S. Department of Labor (DOL) issued final regulations on August 25 implementing the Fair Pay and Safe Workplaces Executive Order—often called the “blacklisting” rule. The controversial rule will require federal contractors and subcontractors to disclose purported violations of 14 federal laws (and their state-law equivalents) during the preceding three-year period when bidding on federal contracts worth more than $500,000.

To help readers and others who fall into that target group, Fortney & Scott’s Blacklisting Team has prepared a White Paper outlining the new obligations, along with suggestions on how to proceed. You may access the White Paper here. Following are some key points: read more…

Final ‘blacklisting’ rule for federal contractors issued

August 25, 2016 0 COMMENTS

The long-awaited regulations implementing the Fair Pay and Safe Workplaces Executive Order—often called the “blacklisting” rule—were made final on August 24, even though change may be on the way as a result of litigation and legislation. The final rule, announced by the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory Council, will take effect on October 25.

President Barack Obama signed the Executive Order in July 2014. The order’s purpose is to require prospective federal contractors to disclose violations of 14 federal labor and employment laws during the previous three years once the new rule is fully phased in. Those laws address wage and hour issues, safety and health requirements, collective bargaining, family and medical leave, and civil rights protections. Government agencies are to consider the disclosures when awarding federal contracts.

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Proposed FLSA overtime regs go to OMB for review

May 06, 2015 0 COMMENTS

by Susan Prince

The U.S. Department of Labor (DOL) has submitted proposed changes to the Fair Labor Standards Act’s (FLSA) overtime regulations to the Office of Management and Budget (OMB) for review. The new regulations will increase the number of employees nationwide who qualify for overtime. Employers, get ready because the changes will likely have a substantial effect on your workforce. Many employees who qualify for an exemption from overtime right now will be entitled to overtime once the regulatory changes are finalized.

How we got here

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