Policy Matters

In this podcast episode, Ashley Cano, Partner in the Labor and Employment department of Seyfarth’s Chicago office, and John Phillips, Senior Associate in the firm’s Houston office, discuss the National Labor Relations Board’s changing view of the scope of protected concerted activity.

With a new Acting General Counsel in charge at the NLRB, the Board is already beginning to shift its focus and promote a more worker- and union-friendly agenda. On March 31st, Acting General Counsel Peter Sung Ohr issued a memorandum to all Regional Directors setting forth an expansive view of workers’ rights to engage in protected, concerted activity. He also promised to “vigorously” prosecute retaliation against workers who engage in such activity. In this podcast, Ashley and John explore what employers can expect moving forward.

In this episode, Scott Hecker, Senior Counsel in the Labor and Employment department of Seyfarth’s Washington, DC office, and Scott Mallery, Counsel in the Labor and Employment department of Seyfarth’s Sacramento office, discuss the nominations of Julie Su for Deputy Secretary of Labor and Seema Nanda as Solicitor of Labor.

Marty Walsh was sworn in as the 29th U.S. Secretary of Labor on March 23, 2021. Now, the Biden Administration must turn its attention to bringing in other leadership personnel to support the DOL’s work. Deputy Secretary and Solicitor are the second- and third-ranking officials in the Department, and are key players in executing the Administration’s Agency policies and priorities. The Policy Matters podcast team lays out what we know about Julie Su and Seema Nanda, and considers what their nominations mean for DOL and employers.

In this two-part episode, Kevin Young, Partner in the Labor and Employment department of Seyfarth’s Atlanta office, and Scott Hecker, Senior Counsel in the Labor and Employment department of Seyfarth’s Washington, DC office, discuss the impact on employers of the U.S. Department of Labor Wage and Hour Division’s decision to end PAID, a self-audit program that allowed good-faith employers to resolve potential minimum wage and overtime mistakes and allowed employees to receive back wage payments promptly.

In part two, Scott and Kevin discuss what an employer can do now that PAID has been ended and what the chances of self-audits are under the Biden Administration.

In this two-part episode, Kevin Young, Partner in the Labor and Employment department of Seyfarth’s Atlanta office, and Scott Hecker, Senior Counsel in the Labor and Employment department of Seyfarth’s Washington, DC office, discuss the impact on employers of the U.S. Department of Labor Wage and Hour Division’s decision to end PAID, a self-audit program that allowed good-faith employers to resolve potential minimum wage and overtime mistakes and allowed employees to receive back wage payments promptly.

In part one, Scott and Kevin discuss the background of the PAID program and the problems it was trying to solve.

In this episode, Scott Hecker, Senior Counsel in the Labor and Employment department of Seyfarth’s Washington, DC office, and Scott Mallery, Counsel in the Labor and Employment department of Seyfarth’s Sacramento office, discuss the impact of moderate Democratic senators’ independence on President Biden’s nominees and policy objectives.

Despite Democrats’ controlling the White House and both houses of Congress, it isn’t all smooth sailing for President Biden in implementing his policy priorities. Scott and Scott discuss what factors have slowed the anticipated velocity of change, what the evenly divided Senate means for some of the more contentious ideas in President Biden’s agenda, and how the Senate’s composition impacts nomination battles.

The Protecting the Right to Organize Act, known as the PRO Act, was first introduced in February 2020 but flew somewhat under the radar given the onset of the pandemic. On February 4, 2021, House Democrats reintroduced the PRO Act in essentially the same form.

In this episode, Scott Mallery, Counsel in Seyfarth’s Sacramento office, and Kyllan Kershaw, Partner in Seyfarth’s Atlanta office, discuss how the composition of government is much different for the recent reintroduction of the PRO Act, given the trifecta of democratic majorities in the House and Senate and a democratic president and vice president in the White House, and note that employers are undoubtedly tuned in.

During his first full day in office, President Biden issued Executive Order 13999, directing OSHA to consider whether a COVID-19 emergency temporary standard (ETS) is necessary and, if so, to issue one by March 15.

In this episode, Scott Hecker, Senior Counsel in Seyfarth’s Washington, D.C. office, provides an overview of Emergency Temporary Standards, how a COVID-19 ETS might impact existing standards at the state level, and where the process stands currently.

In this two-part episode, Scott Hecker, Senior Counsel in the Labor and Employment department of Seyfarth’s Washington, DC office, discusses the inner workings of U.S. DOL’s Office of Federal Contract Compliance Programs with its former director, Craig Leen, who headed the office from December 2018 through the end of the Trump Administration.

In part two, Scott and Craig discuss the anticipated policy shifts under President Biden.

Episode 8 – In this two-part episode, Scott Hecker, Senior Counsel in the Labor and Employment department of Seyfarth’s Washington, DC office, discusses the inner workings of U.S. DOL’s Office of Federal Contract Compliance Programs with its former director, Craig Leen, who headed the office from December 2018 through the end of the Trump Administration.

In part one, Scott and Craig look at the OFCCP’s accomplishments and activities during the Trump Administration.

With the new Biden Administration and Democrats now controlling Congress, employers can expect President Biden to move as quickly as possible to appoint Democratic Members to the NLRB. Currently, the Board has three Republican members, one Democratic member, and one vacancy. President Biden is well positioned to flip the majority composition of the Board by the end of this year. When he does so, employers can expect a more union-friendly NLRB and a reversal of many of the Board’s pro-employer decisions during the Trump administration.

In this episode, Ashley Cano, Partner in the Labor and Employment department of Seyfarth’s Chicago office, and John Phillips, Senior Associate in the firm’s Houston office, discuss what employers can expect at the National Labor Relations Board over the next several months and at least the next few years.