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Labor & Employment Law

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Subcommittees

  • Discrimination & Disability Law
  • Pro Bono Outreach
  • State Employment Law
  • Union Activity & Individual Employee Rights

2017 National Lawyers Convention

Administrative Agencies and the Regulatory State
November 16, 2017

The 2017 National Lawyers Convention is scheduled for Thursday, November 16 through Saturday, November 18 at the Mayflower Hotel in Washington, D.C. The topic of this year's convention is: Administrative Agencies and the Regulatory State. More information will be posted soon!

Supreme Court Preview: What Is in Store for October Term 2017?

Co-Sponsored by the Faculty Division and the Practice Groups
Jan Crawford, Kyle Duncan, Samuel Estreicher, Orin S. Kerr, Andrew J. Pincus, Carrie Severino September 27, 2017

This event is being live-streamed.

October 2nd will mark the first day of oral arguments for the 2017 Supreme Court term. The Court's docket already includes major cases involving Federal Courts, redistricting, the First Amendment, election law, business law, class actions, international and immigration issues, alien tort statutes, and the Fourth Amendment.

The full list of cases granted thus far for the upcoming term can be viewed on SCOTUSblog here. The panelists will also discuss the current composition and the future of the Court.

Featuring:

  • Prof. Samuel Estreicher, New York University School of Law
  • Prof. Orin Kerr, George Washington University Law School
  • Kyle Duncan, Schaerr Duncan, LLP
  • Carrie Severino, Judicial Crisis Network
  • Andrew Pincus, Mayer Brown, LLP
  • Moderator: Ms. Jan Crawford, CBS News

DOL Overtime Update - Podcast

Labor & Employment Law Practice Group Podcast
Tammy D. McCutchen July 28, 2017

On Wednesday, the Department of Labor published a Request for Information seeking comments from the public on the Obama Administration’s 2016 changes to the overtime exemption regulations which would have required payment of overtime to any employee earning less than $913 per week ($47,476 annualized). That regulation was enjoined by the Eastern District of Texas just days before it was to go into effect. Tammy McCutchen, who was Wage and Hour Division Administrator in 2004 when DOL last changed the rules and is a member of the legal team challenging the 2016 regulations, will discuss the RFI, the litigation and the interplay between them.

Featuring:

  • Tammy D. McCutchen , Shareholder, Littler Mendelson, PC

DOL Overtime Update

Labor & Employment Law Practice Group Teleforum
Tammy D. McCutchen July 28, 2017

On Wednesday, the Department of Labor published a Request for Information seeking comments from the public on the Obama Administration’s 2016 changes to the overtime exemption regulations which would have required payment of overtime to any employee earning less than $913 per week ($47,476 annualized). That regulation was enjoined by the Eastern District of Texas just days before it was to go into effect. Tammy McCutchen, who was Wage and Hour Division Administrator in 2004 when DOL last changed the rules and is a member of the legal team challenging the 2016 regulations, will discuss the RFI, the litigation and the interplay between them.

Featuring:

  • Tammy D. McCutchen , Shareholder, Littler Mendelson, PC

2017 Annual Supreme Court Round Up - Event Audio/Video

Washington, DC Lawyers Chapter
Miguel Estrada, Douglas R. Cox July 28, 2017

On July 13, 2017, Miguel Estrada of Gibson Dunn & Crutcher LLP delivered the Annual Supreme Court Round Up at the National Press Club in Washington, DC.

Featuring:

  • Mr. Miguel Estrada, Gibson Dunn & Crutcher LLP
  • Introduction: Mr. Douglas R. Cox, Gibson Dunn & Crutcher LLP

National Press Club
Washington, DC

State Efforts to Rein In ADA (Americans with Disabilities Act) Lawsuits - Podcast

Labor & Employment Law Practice Group Podcast
Mark Brnovich July 24, 2017

July 26th will mark the 26th anniversary of the Americans with Disabilities Act. Enacted in 1990 to prohibit discrimination of the disabled and provide disability access to public accommodations nationwide, it has also been used throughout the years as the basis for thousands of lawsuits across the country. These lawsuits can sometimes result in financial windfalls for trial attorneys with little to no impact on improving access for the disabled community. Arizona Attorney General Mark Brnovich discussed the strategies his office has employed to ensure this important law is used properly.

Featuring:

  • Hon. Mark Brnovich, Arizona Attorney General

State Efforts to Rein In ADA (Americans with Disabilities Act) Lawsuits

Labor & Employment Law Practice Group Teleforum
Mark Brnovich July 20, 2017

July 26th will mark the 26th anniversary of the Americans with Disabilities Act.  Enacted in 1990 to prohibit discrimination of the disabled and provide disability access to public accommodations nationwide, it has also been used throughout the years as the basis for thousands of lawsuits across the country.  These lawsuits can sometimes result in financial windfalls for trial attorneys with little to no impact on improving access for the disabled community.  Arizona Attorney General Mark Brnovich will discuss the strategies his office has employed to ensure this important law is used properly.

Featuring:

  • Hon. Mark Brnovich, Arizona Attorney General

Persuader Rule Update - Podcast

Labor & Employment Law Practice Group Podcast
Christopher C. Murray, Karen Harned July 12, 2017

On March 24, 2016 the DOL’s Office of Labor-Management Standards (OLMS) issued the so-called “persuader rule” that would greatly inhibit the ability of businesses to rely on labor experts and the ability of employers to obtain legal advice in responding to union organizing campaigns. For nearly 50 years the DOL has recognized that advice, including legal advice, is excluded from reporting under federal labor law. The new persuader rule would have forced lawyers and law firms that counsel a business on most labor relations matters to disclose not only their work with that client, but also all fees and arrangements for all clients for all labor-relations services.  Several lawsuits were filed challenging this rule on statutory and First Amendment grounds. On June 27, 2016, a district court in Texas issued a preliminary injunction enjoining DOL from implementing the new rule. The district court then made that preliminary injunction permanent in November 2016, and DOL has appealed to the Fifth Circuit.  While DOL’s appeal is pending, on June 12 DOL issued a proposal to rescind the rule.

Christopher C. Murray, a shareholder at Ogletree Deakins, represents some of the business groups in the Texas litigation who sued to stop the “persuader rule” from taking effect. He provided an update on the current state of play with regard to the litigation and proposed rulemaking.

Featuring:

  • Christopher C. Murray, Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
  • Moderator: Karen Harned, Executive Director, National Federation of Independent Business Small Business Legal Center

Persuader Rule Update

Labor & Employment Law Practice Group Teleforum
Christopher C. Murray, Karen Harned July 11, 2017

On March 24, 2016 the DOL’s Office of Labor-Management Standards (OLMS) issued the so-called “persuader rule” that would greatly inhibit the ability of businesses to rely on labor experts and the ability of employers to obtain legal advice in responding to union organizing campaigns. For nearly 50 years the DOL has recognized that advice, including legal advice, is excluded from reporting under federal labor law. The new persuader rule would have forced lawyers and law firms that counsel a business on most labor relations matters to disclose not only their work with that client, but also all fees and arrangements for all clients for all labor-relations services.  Several lawsuits were filed challenging this rule on statutory and First Amendment grounds. On June 27, 2016, a district court in Texas issued a preliminary injunction enjoining DOL from implementing the new rule. The district court then made that preliminary injunction permanent in November 2016, and DOL has appealed to the Fifth Circuit.  While DOL’s appeal is pending, on June 12 DOL issued a proposal to rescind the rule.

Christopher C. Murray, a shareholder at Ogletree Deakins, represents some of the business groups in the Texas litigation who sued to stop the “persuader rule” from taking effect.  He will provide an update on the current state of play with regard to the litigation and proposed rulemaking.

Featuring:

  • Christopher C. Murray, Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
  • Moderator: Karen Harned, Executive Director, National Federation of Independent Business Small Business Legal Center