US Employment Updates: Immigration, NLRB, DC Statehood

Administration Limits Nonimmigrant Visas.

On June 22, 2020, President Trump issued a Proclamation Suspending Entry of Aliens Who Current a Danger to the U.S. Labor Market Following the Coronavirus Outbreak. The proclamation extends the president’s April 22, 2020, prohibition on immigrant visas, and expands its scope to cowl nonimmigrant visas, together with H-1B, H-2B, J-1, and L-1 visa holders. Ann H. Lee, Amy R. Dalal, and Whitney Brownlow have the particulars. Proponents say the motion will support financial restoration throughout a time when unemployment in america hovers at round 13 % (despite the fact that unemployment within the jobs that will be stuffed by highly-skilled visa holders is nearer to three %). Others, together with members of the enterprise group, criticized the transfer as an pointless (and probably illegal) roadblock to financial restoration and innovation.

DOL on Liquidated Damages.

On June 24, 2020, the Division of Labor’s (DOL) Wage and Hour Division (WHD) issued Area Help Bulletin (FAB) 2020-2, titled “Follow of Searching for Liquidated Damages in Settlements in Lieu of Litigation.” Underneath the coverage introduced within the FAB, “WHD will not pursue pre-litigation liquidated damages as its default coverage from employers along with any again wages discovered due in its administratively resolved investigations.” Many within the enterprise group complained that the apply of pursuing liquidated damages as part of pre-litigation settlements had develop into a matter after all, relatively than an exception, for the earlier administration’s DOL. With more cash at stake, such a apply discouraged fast and straightforward settlements. The WHD issued the FAB pursuant to President Trump’s current government order encouraging businesses to “contemplate the rules of equity in administrative enforcement and adjudication.”

NLRB Self-discipline.

In 800 River Street Working Firm, LLC d/b/a Care One at New Milford, the Nationwide Labor Relations Board (NLRB) held that the place there’s a new collective bargaining relationship upfront of a primary contract, an employer could unilaterally train discretionary self-discipline of staff that’s according to established pre-union coverage or apply. The choice overturns the Board’s 2016 determination in Whole Safety Administration Illinois 1, LLC, which required an employer to offer discover and a chance to the union to discount earlier than imposing self-discipline. In so holding, the Board in 800 River Street Working Firm returned federal labor legislation to the place it had existed for 80 years previous to the choice in Whole Safety Administration.

EBSA on ESG Investing.

On June 23, 2020, the DOL’s Worker Advantages Safety Administration (EBSA) issued a proposed rule regarding environmental, social, and company governance (ESG) investing and the Worker Retirement Revenue Safety Act’s (ERISA) requirement that plan fiduciaries act solely to profit retirement plan individuals and their beneficiaries. The proposal “is designed partially to clarify that ERISA plan fiduciaries could not spend money on ESG automobiles once they perceive an underlying funding technique of the automobile is to subordinate return or enhance threat for the aim of non-pecuniary goals.”

Whither the Reg Agenda?

With the federal regulatory machine being the chief policymaking equipment lately, many Washington, D.C. coverage wonks are questioning when the administration may launch its spring regulatory agenda. Final yr’s spring regulatory agenda was launched on Might 22, 2019. In fact, because the Buzz talked about lately, laws which may be finalized now or sooner or later are probably liable to being rescinded underneath the Congressional Assessment Act (relying on the end result of the elections, clearly). However will the administration present a glimpse of regulatory ideas that it would pursue in a second time period, or will it hold these concepts near the vest for now? If historical past is any information, whereas operating for a second time period in 2012, President Obama didn’t subject any regulatory agendas till December 21, 2012—properly after the election.

The 51st State: Washington, Douglass Commonwealth.

On June 26, 2020, the U.S. Home of Representatives handed the Washington, D.C. Admission Act, which might create a brand new state known as “Washington, Douglass Commonwealth,” whereas carving out a federal enclave inside such state to be referred to as the District of Columbia for the seat of the U.S. authorities. The invoice has been round for years (at all times enumerated as H.R. 51—get it?), however that is the primary time it has handed the Home. Proponents argue “no taxation with out illustration”—why ought to the 700,000 taxpaying residents of Washington, D.C. be disadvantaged of significant illustration in Congress? Opponents, alternatively, declare that the U.S. Structure mandates a separate federal district and that the framers didn’t wish to find the federal capital inside the boundaries of a state, as that state would wield undue affect and authority over the federal authorities. They argue additional that the invoice conflicts with the 23rd Modification to the U.S. Structure (granting three electoral votes to Washington, D.C.) as a result of the few metropolis blocks (largely nonresidential) that will represent the federal authorities would have the identical variety of electoral votes as Alabama, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming. Finally, the invoice is unlikely to advance within the Senate, however passage within the Home signifies that Washington, D.C. statehood might be a actuality ought to Democrats tilt the steadiness of energy within the November 2020 elections.