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BT Currents - Hot Topics in Employment Law

16 Feb Trump Announces Alexander Acosta as Labor Secretary Nominee After Andrew Puzder Withdraws

  At a press conference, President Trump announced Alexander Acosta as the new nominee for labor secretary. Acosta is currently the dean of the Florida International School of Law and previously served as a member of the National Labor Relations Board and later assistant attorney general for the Civil Rights Division through appointments by President George W. Bush. If confirmed, he will be the first Hispanic member of Trump’s cabinet.   Yesterday, just one day prior to his Senate confirmation hearing, Andrew Puzder withdrew as…

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09 Jan OSHA Issues Enforcement Guidance on Controversial Non-Discrimination Provisions

  As we have noted in prior blog posts, the controversial non-discrimination provisions of OSHA’s electronic recordkeeping rules have been challenged in court. The U.S. District Court for the Northern District of Texas ultimately declined to issue an injunction preventing the implementation of the rule, but specifically noted “[t]hat the court has denied injunctive relief requested by Plaintiffs is not a comment or indication as to whether Defendants will ultimately prevail on the merits. This determination is left for another day.”   After the court’s…

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29 Nov The World According to Trump: Trump’s Potential Impact on OSHA

  As we have noted in a number of different blog posts since the election, there are a variety of ways that the new Trump administration could affect many different areas related to labor and employment law. In this post, we are going to look into our crystal ball to give you our best prediction regarding some of the ways we anticipate President-Elect Trump will change the course of current and pending Occupational Health and Safety Administration (OSHA) regulations as well as the administration of…

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24 Oct UPDATE: OSHA Announces Second Delay in Enforcement of Non-Discrimination Provisions

  As we noted on the blog in July, OSHA announced that it would delay the enforcement of the controversial non-discrimination provisions of its electronic recordkeeping rules until Nov. 1, 2016. The original effective date was Aug. 10, 2016. We previously mentioned that the first delay appeared to be in response to a lawsuit and motion for preliminary injunction challenging the legality of the regulations filed in the Northern District of Texas (Texo ABC/AGC, Inc. et al v. Dept. of Labor, et al., Civil Action No. 3:16-cv-1998).  …

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17 Oct Overtime Rules Challenge – Business Groups and States Seek Expedited Relief

  As we have covered in a prior blog post, two different lawsuits have been filed in the Eastern District of Texas challenging the new Department of Labor (DOL) overtime regulations that are currently set to take effect Dec. 1. The DOL’s rule more than doubles the current salary threshold for the “white-collar” exemptions.   In the lawsuit filed by the group of 21 states’ attorney generals, they filed an Emergency Motion for Preliminary Injunction on Oct. 12. The states argued that the DOL exceeded…

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