Tag Archives: Department of Labor

R. Alexander Acosta Picked to Head Department of Labor

President Donald Trump has nominated R. Alexander Acosta to be Secretary of Labor. His nomination comes one day after Andrew Puzder, Trump’s first pick to lead the Department of Labor, withdrew his nomination. Acosta, currently the Dean of Florida International University’s law school, is the son of Cuban immigrants. If confirmed, Acosta would be the … Continue Reading

DOL Nominee’s Confirmation Hearing To Take Place Next Week

The confirmation hearing for Secretary of Labor-nominee Andrew Puzder before the Senate Health, Education, Labor and Pensions (HELP) committee will take place on February 16, according to Politico. The hearing has been delayed four times. The last one, scheduled for February 7, was put off “indefinitely” because the HELP committee had not received the required … Continue Reading

DOL Chief Nominee Puzder’s Hearing Postponed Again

For the fourth time, Secretary of Labor nominee Andrew Puzder’s hearing before the Senate Health, Education, Labor and Pensions (HELP) Committee has been postponed, this time indefinitely, according to Politico.  The Wall Street Journal reports the postponement  is the result of “persistent questions about his ethics and financial paperwork” and that the hearing will not … Continue Reading

Puzder Hearing Delayed to February 7

The confirmation hearing for Secretary of Labor nominee Andrew Puzder before the Senate Health, Education, Labor, and Pensions (HELP) Committee has been rescheduled from February 2 to February 7. No reason has been announced. Senator Patty Murray (D. WA) released a letter in which she asked Puzder “when the Health, Education, Labor, and Pensions (HELP) … Continue Reading

Edward Hugler Named Acting Secretary of Labor

According to an announcement on the Department of Labor’s website, Edward Hugler is Acting Secretary of Labor. Hearings before the Senate Health, Education, Labor & Pensions Committee on President Donald Trump’s nomination of Andrew Puzder to be Secretary of Labor will not take place until February 2. Hugler has been with the Labor Department for … Continue Reading

DOL Nominee Puzder To Withdraw?

Andrew Puzder, President-elect Trump’s choice to head the Department of Labor, may ask that his nomination be withdrawn, according to reports in New York magazine and Politico, quoting a Republican source close to the Trump transition team.  Puzder has disputed the story, tweeting on Monday “I am looking forward to my hearing,” which will take … Continue Reading

DOL Nominee Puzder’s Hearing Rescheduled

The confirmation hearing for Andrew Puzder, President-elect Trump’s nominee for Secretary of Labor, has been postponed from January 12 to the week of January 16, according to a report in Politico. The hearing will take place before the Senate Health, Education, Labor and Pensions (HELP) Committee. The Committee is chaired by Senator Lamar Alexander (R-Tenn.).… Continue Reading

Puzder Hearing Set for January 12

According to a report in Politico, an aide to Sen. Lamar Alexander (R. Tenn.), Chairman of the Senate Health, Education, Labor and Pension (HELP) Committee, has revealed that the confirmation hearing for Andrew Puzder, President-Elect Donald Trump’s nominee for Secretary of the Department of Labor, will be held on January 12. Puzder is Chief Executive … Continue Reading

USDOL Secretary Nominee Puzder Hearing Set For January

United States Senator Lamar Alexander (R-Tenn.) has announced that the Senate Health, Education, Labor & Pensions (HELP) committee, which he chairs, will hold a hearing on Secretary of Labor nominee Andrew Puzder’s nomination in January when the 115th Congress convenes. Senator Alexander has praised Mr. Puzder’s “understanding of how excessive regulation can destroy jobs and … Continue Reading

Puzder Chosen to Head DOL: Many Changes Expected

President-elect Donald Trump has announced his intention to nominate Andrew Puzder, Chief Executive Officer of CKE Holdings, the parent company of Carl’s Jr. and Hardee’s, to head the U.S. Department of Labor. Puzder has criticized state and local minimum wage increases, the Affordable Care Act (ACA), and government overregulation, among other things. If Puzder is … Continue Reading

Court Halts Labor Department’s New Persuader Rule

The U.S. District Court for the Northern District of Texas, Lubbock Division, has issued a nationwide preliminary injunction against the U.S. Department of Labor’s “persuader” rule promulgated under the Labor-Management Reporting and Disclosure Act. National Federation of Independent Business, et al. v. Perez, Civil Action No. 5:16-cv-00066-C (N.D. Tex. June 27, 2016). Unless the ruling … Continue Reading

DOL’s New “Persuader Activities” Rule Is Finalized – Effective Late April 2016

The United States Department of Labor (DOL) has announced that it will publish its final rule relating to “persuader” activity under the Labor-Management Reporting and Disclosure Act (LMRDA) on March 24, 2016, almost five years after first proposing it. The rule (which was opposed by, among others, the American Bar Association, Association of Corporate Counsel, the … Continue Reading

Union Membership Remains Low Despite Administration’s Call on Workers to Join

According to Secretary of Labor Thomas E. Perez, a recent Bureau of Labor Statistics (BLS) report is evidence “that belonging to a union makes a powerful difference in people’s lives, providing greater economic security and helping them punch their ticket to the middle class” but data indicates union membership remains low. Although the January 23rd … Continue Reading

NLRB and Department of Labor: One Hand Washes the Other to Promote Cross-Filed Complaints

Our colleagues at Jackson Lewis’ OSHA Law Blog recently reported that the Occupational Safety and Health Administration of the Department of Labor (DOL) and the NLRB had entered into an agreement whereby OSHA would notify complainants who file untimely OSHA retaliation charges of their right to file an unfair labor practice charge with the NLRB.  … Continue Reading

DOL Persuader Rule Undermines Attorney-Client Privilege, AGs Say

Fourteen state attorneys general have written to Secretary of Labor Thomas Perez complaining that the  Department of Labor’s proposed “persuader” rule would undermine attorney-client privilege and have requested the rule “be withdrawn as drafted.” The Labor-Management Reporting and Disclosure Act (LMRDA) requires reporting to the DOL of “[a]ny agreement or arrangement with a labor relations … Continue Reading

U.S. Department of Labor Delays Implementation of Revised ‘Persuader’ Rule

The Department of Labor’s proposed final revisions to its rule requiring employers and others to report arrangements, receipts, and expenditures derived from providing services defined as persuasive activities will not be implemented by the March 2014 target date.  A new implementation date was not announced.  This is the second delay for the revisions, which originally … Continue Reading

2013 Union Membership Holds Steady as Private Sector Growth Offsets Public Sector Decline

The Bureau of Labor Statistics reports the nation’s overall union membership rate remained the same in 2013, at 11.3 percent of the labor force, but for the first time in five years, there are more union members in the private sector than in government. The public sector union membership rate fell to 35.3 percent from … Continue Reading

DOL’s Rule Redefining LMRDA ‘Advice Exception’ and Expanding Types of Activities Considered Persuasive and Reportable Expected in March 2014

Publication of the Department of Labor’s final revisions to the Labor-Management Reporting and Disclosure Act (LMRDA), requiring employers and others to report arrangements, receipts, and expenditures derived from providing services defined as persuasive activities, has been delayed until March 2014, according to the DOL’s latest regulatory agenda. The proposed revisions to the LMRDA would change … Continue Reading

New NLRB Posting Requirement Effective November 14

The NLRB has advised the public that all employers covered by the National Labor Relations Act (generally all private sector employers) will be required to post a notification of employees’ rights by November 14, 2011. The Board’s August 25th press release, which contains links to the Final Rule and additional information, is reprinted below. The … Continue Reading

DOL-Private Bar Collaboration for Workers with Employment Complaints

As if proliferating collective actions, class actions and Department of Labor investigations and enforcement actions for wage-hour and Family and Medical Leave Act violations weren’t enough, American businesses may now face even more legal challenges from employees.  The 400,000-member American Bar Association has agreed to partner with the U.S. Department of Labor to establish an … Continue Reading

President Poised to Place Becker and Others on NLRB with Recess Appointments

Secretary of Labor Hilda Solis’s comment at the AFL-CIO annual meeting on March 3rd confirms speculations that, with or without the resolution of health care legislation, President Obama will announce the appointment of Craig Becker to the National Labor Relations Board when Congress breaks for its two-week Easter recess, beginning March 29. While this “recess appointment” … Continue Reading
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