United States: Proposed Rule Implementing Contractor “Blacklisting” Executive Order Advances

On March 6, federal agencies charged with carrying out the Fair Pay and Safe Workplaces Executive Order (EO) submitted their proposed rule to the Office of Management and Budget (OMB) for review, signaling its imminent release. The so-called “blacklisting” EO provides that employers can be denied federal contracts if they or their subcontractors violated or allegedly violated a host of federal labor laws within the past three years. This EO will impose new and […]

By | March 12th, 2015 ||

United States: Supreme Court Confirms Broad Flexibility For Executive Branch Regulatory Agencies In Making And Changing Policy

In a unanimous decision issued on Monday, March 9 in Perez v. Mortgage Bankers Association, the US Supreme Court has given the US Department of Labor and other executive branch agencies greater flexibility to change policy direction without going through the time-consuming notice-and-comment process spelled out in the Administrative Procedure Act (APA).

In 2010, the Department of Labor’s Wage & Hour Administration (Wage & Hour) issued an interpretation of its overtime regulations concluding that mortgage-loan […]

By | March 12th, 2015 ||

United States: King v. Burwell: A “Straightforward Case Of Statutory Construction”?

This is the 47th in a series of WorkCite articles concerning the Patient Protection and Affordable Care Act and its companion statute, the Health Care and Education Reconciliation Act of 2010 (referred to collectively as the Act). This article discusses the oral argument at the Supreme Court yesterday in King v. Burwell, No. 14-114. King is the well-publicized case challenging a regulation of the Internal Revenue Service (IRS) under the Act, Section 1.36B-2(a)(1), allowing […]

By | March 11th, 2015 ||