DOL Prepares Rescission of Persuader Rule

It never even went into effect because implementation was permanently enjoined by the federal court in Texas, but the Obama administration’s so-called persuader rule is well on the way to being completely and formally erased by the Department of Labor. Recall that the persuader rule imposed strict reporting measures on employers when they were dealing…

Read More »

SCOTUS To Decide Tip Pooling Issue

It has been a point of contention – and a source of great income for some in the plaintiff’s bar – for the past several years, but the validity and breadth of tip pooling in the restaurant industry will finally be decided when the Supreme Court (SCOTUS) hears the question this fall. In yet another…

Read More »

And Not A Moment Too Soon

At long last, there is a new Secretary of Labor and a full Cabinet for President Trump as Alex Acosta was finally confirmed to the post by the US Senate a full 98 days into the Trump administration. Acosta, who was nominated by President Trump after his first choice, Andy Puzder, withdrew from consideration after…

Read More »

No Acosta Vote Before Recess

Congress recessed last week without taking a vote on the nomination of Trump Labor Secretary-nominee Alex Acosta, so we are still without a Secretary of Labor. The latest projections are that a confirmation vote on the Acosta nomination will not happen before the last week of April. In the interim, the Department of Labor has…

Read More »

That Most Elusive Hearing

When Andy Puzder was the Labor Secretary nominee, his confirmation hearing was scheduled, postponed and rescheduled no fewer than 5 times before he withdrew from consideration on February 15 – without a hearing ever taking place!. With current nominee Alex Acosta, confirmed for other posts by the Senate on 3 different occasions, most believed it…

Read More »

Calmer Seas for Acosta

For the past few months, we’ve reported regularly on the ups and downs of former Trump Labor Secretary nominee Andy Puzder and the ultimately successful effort to derail his appointment. Early indications are that the new nominee for the business-critical post, Alexander Acosta, (here is a story on his time on the National Labor Relations…

Read More »

Justice Wins Delay in OT Appeal

Touted as a major accomplishment of the Obama administration, the new overtime rule was permanently enjoined by a Texas court, a decision that was promptly appealed by the Department of Justice under President Obama. Now, with President Trump in the White House, the likelihood of that appeal continuing is seriously diminished.  In fact, just this…

Read More »

Know When To Hold ‘Em, Know When To Fold ‘Em

We’re beginning to think that NLRB General Counsel Richard Griffin has never heard the Kenny Rogers classic song, The Gambler. Notwithstanding the Trump election and the likelihood that NLRB excesses will be reversed when the President gets control of the Board next year, Griffin keeps pushing expansion of the NLRB reach.  This week, he issued…

Read More »

Playing ‘Til The Whistle

As we enter the NFL Conference Championship weekend, we can fully understand “playing ‘til the whistle”, but relating that notion to the remnants of the Obama labor legacy is something different at this address. Notwithstanding, that seems to be precisely what the outgoing Department of Labor is doing as relates its permanently enjoined “Persuader Rule”…

Read More »

Court Rejects Staying OT Rule Injunction

As we reported to you back in early December, the federal court in Texas enjoined the new Department of Labor overtime regulations that would have more than doubled the overtime exemption threshold to over $47,000, a decision that DOL quickly appealed. Last week, Judge Amos Mazzant of the District Circuit, who actually issued the injunction…

Read More »