Senate confirms Acosta as secretary of labor

April 28, 2017 0 COMMENTS

On April 27, the Senate confirmed Alexander Acosta as secretary of labor by a vote of 60-38.  Eight Democrats joined the Republican majority in voting for President Donald Trump’s nominee, completing Trump’s Cabinet just shy of his 100th day in office.

Acosta, a former National Labor Relations Board (NLRB) member, previously served as assistant attorney general for the U.S. Department of Justice’s Civil Rights Division. Most recently, he was dean of the Florida International University College of Law.

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DOL to address overtime rules by June 30

April 19, 2017 0 COMMENTS

A federal court of appeals has granted the U.S. Department of Labor (DOL) its third extension in defending a lawsuit challenging new Fair Labor Standards Act (FLSA) overtime regulations.

A lower court temporarily enjoined the rules last year, and the Obama administration appealed that order. Now the Trump administration must decide whether to continue with that defense.

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Senate confirms ‘proemployer’ Gorsuch to Supreme Court

April 07, 2017 0 COMMENTS

The Senate has confirmed President Donald Trump’s nominee to the U.S. Supreme Court, Neil Gorsuch. Because Gorsuch is known for adhering to the letter of the law, his confirmation likely is good news for employers, experts say.

Democrats initially filibustered Gorsuch’s confirmation, but Republicans invoked the “nuclear option” and changed the Senate rules to allow them to break filibusters of Supreme Court nominees with only 51 votes. Previously, that required 60 votes. On April 7, the Senate confirmed Gorsuch 54-45.

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Labor secretary nominee Acosta advances to full Senate

March 30, 2017 0 COMMENTS

President Donald Trump’s nominee for secretary of labor has been approved by the Senate Committee on Health, Education, Labor, and Pensions. Alexander Acosta now advances to the full Senate for a final confirmation vote.

Acosta, a former National Labor Relations Board (NLRB) member, generally has been praised by the employer community. He has a deep understanding of labor and employment issues and should be able to hit the ground running if confirmed, said Leslie E. Silverman, a shareholder at Fortney & Scott and contributor to Federal Employment Law Insider.

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Employment lawyers like new Trump pick to head DOL

February 16, 2017 0 COMMENTS

President Donald Trump has nominated Alexander Acosta, a former National Labor Relations Board (NLRB) member, to serve as secretary of labor. The announcement came less than 24 hours after Trump’s first choice, Andrew Puzder, withdrew from the approval process.

Acosta, who is currently the dean of the Florida International University College of Law, is well qualified for the position, experts say. He was nominated to the NLRB by President George W. Bush and later served as assistant attorney general for the U.S. Department of Justice’s Civil Rights Division, which means he has a good understanding of how agencies operate, according to David S. Fortney, a founder of Fortney & Scott and an editor of Federal Employment Law Insider.

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Trump taps former NLRB member to head DOL after Puzder withdraws

February 16, 2017 0 COMMENTS

UPDATE: President Trump has nominated Alexander Acosta, a former National Labor Relations Board member, to serve as Secretary of Labor. The announcement came less than 24 hours after Trump’s first choice withdrew from the approval process.

Acosta is currently dean of the Florida International University College of Law. He was nominated to the board by President George W. Bush and later served as assistant attorney general for the U.S. Department of Justice’s Civil Rights Division.

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Puzder hearing set for January, Dems defend overtime rules

December 28, 2016 0 COMMENTS

The Senate has scheduled a January confirmation hearing for President-elect Donald Trump’s pick for secretary of labor.

Trump’s nomination of Andy Puzder, CEO of CKE Restaurants, was the death knell for the U.S. Department of Labor’s (DOL) new Fair Labor Standards Act (FLSA) overtime regulations, according to John Husband, a partner at Holland & Hart in Denver and an editor of Colorado Employment Law Letter.

It already was expected that the Trump DOL would withdraw the department’s appeal of an injunction blocking the rules, but Puzder’s nomination solidified that prediction, Husband previously said.

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Puzder nomination could be the end of overtime rules

December 13, 2016 0 COMMENTS

The president-elect’s nomination of Andy Puzder for secretary of labor may very well be the final nail in the coffin for the new overtime rules.

Puzder, CEO of CKE Restaurants, has been an outspoken critic of President Barack Obama’s employment initiatives for years. Several of those efforts, especially the overtime rules, are dead given Puzder’s appointment, says John Husband, a partner at Holland & Hart LLP and an editor of Colorado Employment Law Letter.

The overtime regulations, which would have required employers to pay overtime to all employees earning less than $913 per week ($47,476 annually), were scheduled to take effect December 1. With just days to spare, a federal district court judge issued a temporary injunction halting the rules’ implementation. The U.S. Department of Labor (DOL) appealed the injunction order to the U.S. 5th Circuit Court of Appeals, which agreed to fast-track its review. Still, the expedited schedule puts final briefings after the inauguration.

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