Workplace Policy Institute Insider Report — April 2016

This month's edition of Littler's Workplace Policy Institute Insider Report includes articles on the Administration's push to finalize rules before the November elections, legislative and litigation steps to thwart those efforts, and state bills and ordinances that have advanced in recent weeks. The Report contains the following sections:

Insider Briefing [p. 1]. With an eye to the Congressional Review Act clock, the Department of Labor (DOL) recently released long-awaited and controversial final regulations and readied others for imminent release. The Congressional Review Act (CRA) gives Congress the authority to overturn regulations by passing a resolution of disapproval. Such resolutions, however, are subject to a presidential veto. The CRA has been successfully employed only one time, nullifying a Clinton Administration ergonomics rule after the White House and Congress came under Republican control. The Obama Administration is rushing to issue some of its most contentious regulations before a mid-May deadline for retaining veto power over any CRA resolution that passes Congress. For final regulations issued after that deadline, it would fall to the next president to decide whether to veto or approve any such congressional resolution.

On the Move [p. 1]. States and localities continue to pick up the legislative slack left by a dysfunctional U.S. Congress. In March 2016, more than 90 labor- and employment-related state bills and ordinances were introduced, and over 40 were signed into law. However, while local governments have been relatively effective at moving legislation, some state legislatures have reined in such legislative ambition. Several measures aimed at preventing local governments from enacting measures that would provide a level of benefits greater than that provided under state or federal law advanced in March. These measures covered minimum wage, fair scheduling laws, discrimination protections, and other employment benefits.

In Focus [p. 11]. On March 30, 2016, Littler filed the first lawsuit in the nation to challenge the new "persuader" rule published by the U.S. Department of Labor. Absent injunctive relief, the challenged rule will cause a radical change in the well-settled application of Section 203(c) of the Labor-Management Reporting and Disclosure Act of 1959. This article discusses the litigation attempts to prevent the rule from taking effect.

Global Report [p. 9]. This section provides a roundup of international labor and employment news.

Outlook [p. 13]. A calendar of events provides information on upcoming regulatory comment deadlines, agency meetings, and related activities.

Click here to read the full Insider Report.

The WPI's next Insider Briefing Call is scheduled for Monday, April 11, at 10:00 am - 10:30 am PT; 11:00 am - 11:30 am MT; 12:00 pm - 12:30 pm CT; and 1:00 pm - 1:30 pm ET. WPI Co-Chairs Ilyse Schuman Michael Lotito will be joined by Maury Baskin, Shareholder and Counsel to a coalition of business groups and lawyers who filed the first legal challenge to DOL's Persuader Rule, to discuss the new rule and its implications for the business community.  

Dial-in Information: (844) 323-0750; Code: 84914866

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.