Policy Matters

On this episode of The Immigration Lens, Seyfarth attorneys Mahsa Aliaskari and Jake Campbell will discuss the changes to visa stamping, travel, and re-entry, and how to prepare for this shift. Read the full transcript of the episode here: https://www.seyfarth.com/dir_docs/podcast_transcripts/PolicyMatters_ImmigrationLens_Episode5.pdf

Join Seyfarth Immigration attorneys Leon Rodriguez and Dani Mayer as they unpack the complexities of F-1 visas. Learn more about F-1s, SEVIS records, the lifecycle of students, and the impact of SEVIS termination or visa revocations on students and employers. Tune into the discussion on how employers can prepare for impact on their employees and understand the background of the F-1 visa classification. Since recording this episode, many international students have had their F-1 status restored; updated guidelines for status revocation is being issued. Read the full transcript of this episode here: https://www.seyfarth.com/dir_docs/podcast_transcripts/PolicyMatters_ImmigrationLens_Episode4.pdf

On this episode of the Immigration Lens, Seyfarth attorneys Leon Rodriguez and Dani Mayer will discuss the background of sensitive locations, who is impacted by the recent policy changes, and how employers should prepare for this shift. Tune in to catch up on the status of the policy shift around sensitive locations. Read the full transcript of this episode here: https://www.seyfarth.com/dir_docs/podcast_transcripts/PolicyMatters_ImmigrationLens_Episode3.pdf

On this episode of the Immigration Lens Podcast, Seyfarth attorneys Leon Rodriguez and Dani Mayer will discuss the background of birthright citizenship, who is impacted by the recent Executive Order, the constitutional challenges playing out in court, and how employers should prepare. Tune in to catch up on the status of the Birthright Citizenship Executive Order. Read the full transcript of today's episode here: https://www.seyfarth.com/dir_docs/podcast_transcripts/PolicyMatters_Immigration%20Lens_BirthrightCitizenship.pdf

On this episode of the Policy Matters Podcast, Seyfarth attorneys Daniela Mayer and Leon Rodriguez are joined by special guest Stephanie Oestreich, Managing Director, Myeloma Investment Fund, to discuss international political economy and business immigration implications– how national policy impacts economic growth, and how business immigration plays a role in corporate strategy.

In this episode, host Leon Rodriguez is joined by Lauren Parris Watts to discuss the potential impacts of President-elect Trump's administration on corporate DEI initiatives. Leon and Lauren explore how past policies may resurface, the challenges businesses could face in compliance and reporting, and the strategies employers can adopt to advocate for robust DEI programs amidst shifting political landscapes. Tune in for insights on maintaining a commitment to diversity while navigating a changing federal environment.

In this episode of the Policy Matters podcast, Seyfarth attorneys A. Scott Hecker and Bradley D. Doucette delve into expected wage and hour priorities in the next presidential administration, depending on which candidate takes office. Scott and Brad provide insights into what these priorities could mean for employers, particularly regarding the Department of Labor's enforcement activities. Their discussion covers the potential implications of a second Trump Administration on wage and hour rules presently being pursued by President Biden. Additionally, Scott and Brad address significant legal ramifications from the recent Loper Bright v. Raimondo decision and its potential effects on wage and hour – and other – regulations. Tune in to hear their analyses and perspectives.

Last year on the Policy Matters podcast, the team explored the fundamentals of non-compete agreements and examined what the adoption of the FTC's proposed non-compete rule could mean for employers. Today, host Leon Rodriguez is joined by Daniel Hart and Dawn Mertineit to discuss the groundbreaking rule set to shake up non-compete agreements in the workplace, slated for enforcement starting September 4, 2024. Join the speakers as they unpack the rule's broad implications, mounting legal challenges it faces, and constitutional uncertainties looming over its implementation.

On this episode of the Policy Matters Podcast, Seyfarth partner and former Director of US Citizenship and Immigration Services (USCIS), Leon Rodriguez, delves into the ever-evolving landscape of U.S. immigration regulations, focusing on the H-1B, H-2A, and H-2B visa classifications. Discover the proposed regulations' latest requirements and how these changes might impact skilled professionals seeking work opportunities in the United States. Also addressed are stakeholder concerns, the caps for these programs, and potential exceptions to these limits. Tune in for an exploration of these crucial updates that promise to reshape the immigration experience.

On this episode of the Policy Matters Podcast, Seyfarth attorneys Leon Rodriguez and Scott Hecker share strategies for responding to congressional invitations to provide information and discuss hot Labor & Employment topics Congress has been investigating lately. Tune in to hear the latest.

On this episode of the Policy Matters Podcast, Seyfarth attorneys Scott Hecker and Ariel Fenster discuss the U.S. DOL Wage and Hour Division's (“WHD”) resource limitations, and how those are impacting WHD priorities, like child labor law investigations and various significant rulemakings. The low number of investigators leads to high stress and low morale for those remaining, and WHD workers may feel overburdened and under-resourced. Join Scott and Ariel as they share their thoughts on these interesting developments, including how employers may be affected by these issues.

Recent government activity at the federal and state levels has led to enhanced focus on child trafficking laws, with both the Biden Administration and Congress signaling interest in the ongoing and potentially increasing use of child labor in the U.S. and global economies. STOP THE TRAFFIK [stopthetraffik.org]'s Director of Intelligence Neil Giles joins host Scott Hecker on this episode of the Podcast to discuss how STOP THE TRAFFIK – a UK-based, non-profit organization dedicated to ending human trafficking – analyzes data and collaborates with relevant stakeholders to share critical information and craft targeted global campaigns to eradicate trafficking.

With Jenny Yang suddenly departing the Department of Labor's Office of Federal Contract Compliance Programs (“OFCCP”) for a position in the White House, the Biden Administration must contend with another open leadership role at the Department. Scott Hecker sits down with expert Christy Kiely to discuss Yang's legacy at the OFCCP; what the transition to a new director could mean for employers; pressing issues the new permanent OFCCP director will need to address; and the key differences between Yang and her acting successor, career government employee Michele Hodge. Join Scott and Christy as they talk through these issues, as well as the ongoing impacts of former Secretary of Labor Marty Walsh's departure from DOL and the pending nomination of Acting Secretary Julie Su to serve in the confirmed role.

Although we typically focus on federal policy in this podcast, in a nod to our system of federalism, this episode takes a look into policy on the state level, specifically the sweeping New Jersey Temporary Workers' Bill of Rights. This new law carries a host of new requirements for staffing firms and employers, and could set a precedent for similar policies in other states, and eventually, Congress. Seyfarth's expert Nick Lussier joins host Scott Mallery to discuss the details of what the new law entails and what it means for clients, including the practical difficulties of complying with the same.

Legislation and regulation of the use of artificial intelligence tools in employment are moving at a furious pace, with no signs of slowing. Robert T. Szyba returns (for the third time!), joining host Scott Mallery to discuss how New York City intends to regulate in this evolving space, and Andrew Scroggins also joins to examine the EEOC's AI initiative. In the first part of our AI in Employment series, the three attorneys discuss how AI has already been addressed, and how agencies and legislatures will grapple with this novel issue going forward.

On this episode of the Policy Matters Podcast, Seyfarth Senior Counsel Scott Hecker and Counsel Scott Mallery discuss the Senate HELP Committee's recent inability to advance U.S. DOL Wage and Hour Administrator nominee Jessica Looman out of committee, this time due to a procedural hiccup that will likely be remedied. The Scotts discuss what this means for Looman's nomination specifically, as well as the general implications for Article I and Article III nominations during this Congressional term.

In this episode, Scott, Dan, and Robert discuss the FTC's authority to issue such a broad proposed regulation, and what constitutional challenges to that authority will likely look like. In addition, we discuss legislation that has been introduced in Congress that would not only do essentially the same thing the FTC's proposed rule would do, but it would also increase the FTC's ability to regulate in this space. In a less certain exercise, we pontificate on the likelihood this measure will actually see the President's desk.

In an unprecedented move, the FTC has issued a Notice of Proposed Rulemaking that would render unenforceable all non-compete agreements currently in existence (with limited exception), and would bar employers from entering into any contract that that could conceivably prevent a worker from seeking or accepting certain employment, or operating certain businesses, after the conclusion of the worker's employment with the employer. In Part One of our in-depth look at these proposed changes, host Scott Mallery is joined by experts Daniel Hart and Robert Milligan to discuss the fundamentals of non-compete agreements and what the rule's adoption would mean for employers. Stay tuned for Part Two, in which the same hosts discuss potential constitutional challenges to the proposed rulemaking, as well as a bit on the politics undergirding this move.

On December 7, 2022, President Biden signed the "Speak Out Act," which immediately rendered unenforceable blanket non-disclosure and non-disparagement clauses entered into before any allegation of sexual assault or sexual harassment. Join our Policy expert Scott Mallery, with special guest Rob Szyba, as they break down the content of the Speak Out Act, and explore the potential repercussion for employers. Apart from the substance of the measure, Scott and Rob also discuss the catalyst behind the measure and whether Congress will continue to legislate in this space in 2023.

On this episode of Policy Matters Podcast, Seyfarth Partner Leon Rodriguez discusses the Biden Administration's recent announcements on the SW border. Leon discusses the number of enforcement measures to increase security at the border, measures to expand legal pathways for safe orderly and humane migration, while also providing guidance for employers who wish to sponsor asylum seeking migrants in various industries.

As the dust settles following the 2022 Mid-Terms, including the Senate run-off in Georgia, we now have a clearer picture of the new Congress's composition and what its make-up means for the 2023 Congressional session. In this episode of the Policy Matters Podcast, Seyfarth's Government Policy gurus - Leon Rodriguez, Scott Hecker, and Scott Mallery - discuss how the chambers' party alignments will impact key Labor and Employment issues, nominations and appointments, and policy priorities.

Americans recently went to the polls (or to ballot drop boxes) to cast their votes in the 2022 Mid-Terms. Following the November 8 elections, Congress's exact composition remains up in the air and may remain so until the dust settles on Georgia's December 6 Senate runoff between Sen. Raphael Warnock and challenger Herschel Walker. In the meantime, Seyfarth's Government Policy wonks - Leon Rodriguez, Scott Hecker, and Scott Mallery - engage in a free-flowing discussion on what narrowly divided government could mean for Labor & Employment issues, judicial nominations, other Executive Branch appointments, and agencies' rulemaking activities.

On this episode of the Policy Matters Podcast, Seattle Partner Adam Lasky joins DC Senior Counsel Scott Hecker to discuss the Eleventh Circuit's decision narrowing the nationwide injunction of Executive Order 14042, how the government has responded to that decision, what COVID-19 risk mitigation protocols may be required for federal contractor employees, and how employers should prepare moving forward.

The classification of workers as either independent contractors or employees has been a nationally salient issue for decades, but especially so since the explosion of the so-called gig economy. Until January 6, 2021, the fair labor standards act did not provide a regulatory definition of what constitutes an independent contractor that is not subject to various federal employment laws. On that date, the DOL issued its final rule on “Employee or Independent Contractor Classification,” which for provided a more consistent analysis making the proper classification of a worker as an independent contractor more predictable under the FLSA. And predictability is typically good for business. Upon Joe Biden's election, however, the DOL delayed the effective date of that rule, proposed withdrawing it, and then, in early May 2021, formally withdrew the rule after a brief notice and comment period that carried strenuous objections, including from the U.S. Chamber of Commerce. The Rule's withdrawal has been enjoined by a federal court, but the DOL has pledged not only to appeal that ruling, but also to issue a new notice of proposed rulemaking regarding the classification analysis. In this special episode, Seyfarth Counsel Scott Mallery and Seyfarth Partner Camille Olson, legislative analyst extraordinaire and frequent witness providing testimony in front of congressional committees, provide an overview of where the law on misclassification at the federal level stands today, where it has been, and what the DOL's new proposed rule might entail.

On this episode of the Policy Matters Podcast, the Scotts, Messrs. Hecker and Mallery, discuss Senator Bernie Sanders efforts to resurrect the idea of preventing employers who have labor law violations from contracting with the federal government. President Obama's Executive Order 13673 - dubbed the “Blacklisting Order” - and its implementing regulations fell victim to the Congressional Review Act in 2017, so Scott and Scott evaluate whether the Biden Administration could revisit blacklisting and how worried employers should be about the prospect.

On March 18, 2022, the Federal Register published the U.S. Department of Labor's notice of proposed rulemaking, “Updating the Davis-Bacon and Related Acts Regulations.” Among a laundry list of revisions, DOL is proposing to reinstate the “30% rule,” last used in 1983, for calculating prevailing wages under the Act. In this episode of the Policy Matters Podcast, Scott Hecker and Ted North break down the Act, and its proposed rulemaking revisions, as well as the role it will play in federal construction contracts moving forward. The Davis-Bacon Act touches 71 related acts and last year affected $217 billion in federal contracts, so employers should understand the proposed revisions and how to remain compliant - particularly with $1.7 trillion of federal infrastructure spending looming.

On March 3, 2022, President Biden signed H.R. 4445, marking the first time in a long time that our elected representatives in Washington, D.C. have passed a piece of significant legislation through regular order. Seyfarth's employment lawyers Scott Mallery and Rob Szyba discuss the newly-enacted H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Rob and Scott explore the policies and backdrop that drove this legislation, potential impacts of the enactment of H.R. 4445, and what this means for employers with arbitration programs. Beyond just what the bill prohibits, Rob and Scott discuss potential ambiguities the language of the bill will likely present, and how those ambiguities might be interpreted once this measure hits the courts.

In this episode, Scott Mallery, Counsel in the Labor & Employment department of Seyfarth's Sacramento, CA office, and Honore Hishamunda, Senior Associate in the Labor & Employment department of Seyfarth's Atlanta office, discuss the current debate surrounding the construction of liability shields to designed protect employers against claims by employees that COVID-19 was contracted at the workplace. Honore and Scott explore the liability shields that were constructed and implemented closer to the beginning of the pandemic, shields that are either set to expire or have expired (which in itself is indicative of how long we have been stuck in this pandemic). Honore and Scott discuss the likelihood of extensions, what those changes might look like, and how the current panoply of liability shields across the nation compare to those constructed a century ago during the Spanish Flu pandemic.

In this episode, Scott Mallery, Counsel in the Labor and Employment Department of Seyfarth's Sacramento office, and Chuck Guzak, Associate in the Labor and Employment Department of Seyfarth's Washington, DC office, discuss the recent memorandum released by NLRB General Counsel Jennifer Abruzzo regarding her position that certain college athletes are employees under the National Labor Relations Act. With the recent changes in NCAA rules and state laws on athletes' ability to profit off of their names, images, and likenesses as a backdrop, the Policy Matters podcast team discusses the legal history of colleges and universities under the National Labor Relations Act, the Supreme Court's recent case striking down NCAA restrictions on educational benefits, and what GC Abruzzo's recent memorandum could mean for the future of college sports.

In this podcast, Seyfarth partner Leon Rodriguez discusses the potential humanitarian immigration options for Afghans fleeing or seeking to flee their country in the aftermath of the US drawdown. Leon discusses Special Immigrant Visa status, refugee options and humanitarian paroles, while also providing guidance for employers who either wish to sponsor or otherwise support Afghan refugees in various categories.

In this episode, Scott Hecker, Senior Counsel in the Labor & Employment department of Seyfarth's Washington, DC office, and Ashley Cano, Partner in the Labor & Employment department of Seyfarth's Chicago office, discuss labor law issues surrounding vaccine mandates. Ashley and Scott continue the Podcast's exploration of potential ramifications from a fully-approved COVID-19 vaccine, and they identify what union (and non-union) employers should keep in mind when considering vaccine mandates. While Ashley and Scott speak to the varied responses unions have had to vaccination requirements, they note one fairly consistent Labor priority: maintaining collective bargaining power.

In this episode, Scott Hecker, Senior Counsel in the Labor & Employment department of Seyfarth's Washington, DC office, and Adam Young, Partner in the Labor & Employment department of Seyfarth's Chicago office, discuss workplace safety issues surrounding vaccine mandates. Adam and Scott explore the potential impacts of a fully-approved COVID-19 vaccine, and how employers, including the federal government, are approaching vaccine requirements. Beyond vaccines, Adam and Scott lay out additional risk mitigation protocols employers can consider to limit OSHA enforcement risks, including in the healthcare sector (which is subject to OSHA's COVID-19 emergency temporary standard) and under OSHA's COVID-19 national emphasis program.

In this episode, Scott Hecker, Senior Counsel in the Labor and Employment department of Seyfarth's Washington, DC office, and Karla Grossenbacher, Partner and chair of the Washington, DC, office's Labor and Employment practice, head of the firm's Workplace Privacy team, and co-chair of the firm's Workplace Biometric Privacy Compliance and Litigation group, discuss employment law issues surrounding vaccine mandates. When it comes to mandating the COVID-19 vaccine, the federal government and its state counterparts have continued the patchwork response we've become familiar with throughout the pandemic. Karla and Scott address how these choppy vaccine waters impact employers, and what employers should consider in developing their COVID-19 vaccination programs.

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 U.S. DOL nominations of Doug Parker to serve as Assistant Secretary of Labor for Occupational Safety and Health and David Weil to return to his prior position as Wage and Hour Division Administrator, as well has how the confirmations of both Julie Su and Seema Nanda could increase the velocity of change at the DOL. With increased enforcement at the forefront of the Department of Labor's agenda, Mr. Parker and Dr. Weil could serve outsized roles in executing the Administration's policies and priorities. The Policy Matters podcast team lays out what we know about Doug Parker and David Weil, and considers what their nominations mean for the Department and the regulated community.

In this two-part episode, Scott Mallery, Counsel in the Labor and Employment department of Seyfarth's Sacramento office, Jennifer Mora, Senior Counsel in the Labor and Employment department of Seyfarth's San Francisco office, and Stanley Jutkowitz, Senior Counsel in the Corporate and Real Estate Departments of Seyfarth's Washington, DC office, discuss the various bills pending before Congress that would impact the legalization of both adult use and medical cannabis, as well as a discussion of how legalization of cannabis across certain states has affected employers. In part one, Scott and Jennifer discuss marijuana legislation at the state level, and how that affects employers, with a particular focus on testing and reasonable accommodations. In part two, Scott and Stanley discuss federal legislation related to cannabis, what said legislation would do, and the chance of said legislation passing.

In this two-part episode, Scott Mallery, Counsel in the Labor and Employment department of Seyfarth's Sacramento office, Jennifer Mora, Senior Counsel in the Labor and Employment department of Seyfarth's San Francisco office, and Stanley Jutkowitz, Senior Counsel in the Corporate and Real Estate Departments of Seyfarth's Washington, DC office, discuss the various bills pending before Congress that would impact the legalization of both adult use and medical cannabis, as well as a discussion of how legalization of cannabis across certain states has affected employers. In part one, Scott and Jennifer discuss marijuana legislation at the state level, and how that affects employers, with a particular focus on testing and reasonable accommodations. In part two, Scott and Stanley discuss federal legislation related to cannabis, what said legislation would do, and the chance of said legislation passing.

The Biden administration's infrastructure plan includes a significant amount of money ($100 billion) for incentives for customers to purchase EVs, along with $15 billion specifically allocated to the installation of a half a million chargers across the country. The latter is a particularly important component of the Biden administration's EV push because consumer surveys consistently show that charging anxiety is one biggest hurdles to expanding mass appeal for EVs. While $15 billion for 500,000 chargers sounds like a lot, it alone won't be enough to provide accessible charging to all 19,500 cities, towns, and villages and more than 4 million miles in the US highway network. The transition to EVs will necessarily require investments by states, municipalities, and private companies, all against the backdrop of America's still-sharp climate change political divide. In this podcast episode, Alison Eggers, a Litigation Partner in Seyfarth's Boston office, and Scott Mallery, Counsel in the firm's Sacramento office and frequent Podcast host, discuss the EV components of President Biden's proposed infrastructure plan, where public meets private, and what's next for the legislation.

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.

Often, what happens in California is a good bellwether for what could happen in the policy space on a federal level. And we believe worker classification is no different. In this episode, Seyfarth Counsel Scott Mallery and Seyfarth Partner Eric Lloyd provide an overview of where the law on misclassification at the federal level stands today, the background and impact of AB 5 and AB 2257 in California, and insight into what we might see down the road from the Department of Labor, now under the Biden Administration.

The House of Representatives impeached Donald Trump for the second time on January 13, 2021, one week before his term expired. The adopted article of impeachment, "incitement of insurrection," alleged that Trump incited the storming of the United States Capitol on January 6, and referenced his January 2 phone call with Georgia Secretary of State Brad Raffensperger seeking to find votes to overturn the results of the 2020 presidential election. In this episode, we discuss the impact of Trump's impeachment on the implementation of President Biden's policy priorities and identify what's on the horizon for the Biden-Harris Administration.

In this episode, Scott Hecker, Senior Counsel in the Labor and Employment department of Seyfarth's Washington, DC office, discusses new Labor Secretary nominee, Boston Mayor Marty Walsh. With the Democratic sweep of the Georgia runoff elections, and his election victory now certified by Congress, President-elect Joe Biden named Mayor Walsh as his nominee for Secretary of Labor. The next Labor Secretary may have an outsized role, especially early in a Biden-Harris Administration, with challenging issues like an the COVID-19 pandemic, high unemployment rates, a recession, a stagnant federal minimum wage, and morale erosion at the Department dominating his to-do list.

The recent victories in Georgia by Democratic Senate candidates Jon Ossoff and the Rev. Raphael Warnock suggest an easier path for President-elect Joe Biden to enact his agenda. Following an unprecedented day in American political history, Scott Mallery, Counsel in Sacramento, and Scott Hecker, Senior Counsel in Washington, DC, touch on the events of the last 24 hours before turning to a discussion on the impact of the Senate flip and offering their insights on what we might see next. Topics discussed include: · The 50/50 split in the Senate, with Vice President-Elect Kamala Harris serving as the potential tie-breaking vote · Increase to the velocity of change with regards to the Biden agenda · COVID Relief · Committee chairs and “Personnel As Policy”