Welcome to Seyfarth Shaw’s Presidential Pulse Digest, a round-up of analysis by Seyfarth’s leading policy team on the business impact of President Donald Trump’s policy agenda. President Trump is following through rapidly on his campaign pledge to immediately overhaul, overturn and eliminate a long list of federal laws and regulations. The political, legal and business ramifications of President Trump’s new administration are being felt by businesses and individuals across the United States and around the world.
Our attorneys will continue to monitor these developments and will keep you informed of the impact of these changes. Subscribe by clicking the button below to receive the Presidential Pulse Digest.
OSHA “Removes” Late Term Rule Which Allowed OSHA to Cite Injury Recordkeeping Violations Going Back Five-Years
Workplace Safety and Environmental Law Alert Blog - May 9, 2017
Seyfarth Synopsis: OSHA has rescinded its midnight rule, adopted by the outgoing Administration in December 2016 which attempted to end run the federal court’s decision in Volks that limits the statute of limitations on injury recordkeeping violations to six months.
House Passes Modified Version of AHCA - Bill to Proceed to Senate
Health Care Reform Management Alert - May 5, 2017
Seyfarth Synopsis: On May 4th, House Republicans were finally able to pass a modified version of the American Health Care Act (“AHCA”) on the thinnest of margins. To muster the votes, the Republicans had to make a series of tweaks to the bill that were requested by both the conservative Freedom Caucus as well as the more moderate Tuesday Group. Most notably, the AHCA (as modified) would permit states to opt-out of the Affordable Care Act’s (ACA’s) community rating and essential health benefits (EHB) requirements. To minimize the potential impact on persons with pre-existing condition exclusions (who would likely pay more in the absence of these standards), the AHCA allocates billions of dollars that states may use to establish high risk pools. The bill now proceeds to the Senate where it faces additional challenges is what is typically a more independent, deliberative legislative body.
Cash Now or Paid Time Off Later? House Passes FLSA Amendment to Permit Private Sector Comp Time
Wage & Hour Litigation Blog - May 5, 2017
Seyfarth Synopsis: On May 2, 2017, the House of Representatives passed a bill amending the Fair Labor Standards Act to permit private employees to choose to take paid time off instead of monetary overtime compensation when working more than 40 hours in one week. Passed along party lines in the House, the bill would still need to pass the Senate, making its future somewhat uncertain. Should the Senate approve it, the Trump Administration has already signaled its support for the bill.
Acosta Takes the Helm
Wage & Hour Litigation Blog - May 4, 2017
Seyfarth Synopsis: The Senate confirmed Alexander Acosta as the 27th United States Secretary of Labor. Filling the final post in President Trump’s cabinet, Acosta will lead a Department of Labor that has, since inauguration, operated without political leadership in the Secretary role. With Secretary Acosta in place, the DOL now has a leader to advance the new administration’s agenda. Here, we offer a brief introduction to Secretary Acosta, as well an overview of the action and opportunity employers may expect on the wage and hour front over the next few months.
See You in September: Rohrabacher-Farr Amendment in Budget Deal
The Blunt Truth Blog - May 1, 2017
Seyfarth Synopsis: The appointment of Jeff Sessions as Attorney General created a great deal of uncertainty in the medical marijuana community. One point of particular concern was the Rohrabacher-Farr Amendment, and while its long term future may still be unclear, its immediate future is settled since it was included in the Consolidated Appropriations Act of 2017.
Heather MacDougall Re-Nominated as Chair of the Occupational Safety and Health Review Commission
Workplace Safety and Environmental Law Alert Blog - April 26, 2017
Seyfarth Synopsis: In a move that may be employer-friendly, President Trump has re-nominated Heather MacDougall to the OSHRC. MacDougall represents a Republican vote on cases appealed before the Commission.
Seyfarth Corporate Partner Andrew J. Sherman Testified Before The House Committee on Small Business
On April 27, Seyfarth Shaw LLP Corporate partner Andrew J. Sherman testified before the U.S. House Committee on Small Business during a hearing held on “Small Business: The Key to Economic Growth,” The full hearing can be viewed here
(Mr. Sherman’s testimony begins at minute 31:32) and his written testimony is available here
There is still time to register! First 100 & Beyond: Seyfarth’s Strategy & Planning Summit For Businesses
Seyfarth's Chicago Office - May 25, 2017
Businesses of all sizes and across industries are wondering how they will navigate and strategically position themselves for the next four years and beyond. Please join Seyfarth Shaw’s leading policy team, including a former Director of U.S. Citizenship & Immigration Services and a former Assistant U.S. Attorney, along with other prominent thought leaders, for this full-day Summit in review of the “change management” period of President Donald Trump’s Administration and in preparation for the evolving legal and business landscape to come.