White House Issues Memorandum Freezing New and Pending Regulations
Jan 23, 2017
On January 20, 2017, White House Chief of Staff Reince Priebus issued a memorandum instructing the heads of executive departments and agencies to take immediate steps to ensure that President Trump’s appointees and designees have the opportunity to review any new or pending regulations.
Key steps outlined in the memorandum:
- Send no regulation to the Office of the Federal Register (“OFR”) until a department or agency head appointed or designated by President Trump-or an authorized delegate-reviews and approves the regulation
- Immediately withdraw, for review and approval, regulations that have been sent to the OFR but are not published in the Federal Register
- As permitted by applicable law, postpone by 60 days the effective date of regulations that have been published in the OFR but have not taken effect, and consider proposing for notice-and-comment a rule to delay the effective date for regulations beyond the 60-day period
- In cases where a rule’s effective date has been delayed in order to review questions of fact, law, or policy, consider proposing further notice-and-comment rulemaking and, for such regulations, notify the OMB Director and “take further appropriate action in consultation with the OMB Director”
The effect of this memorandum on the new overtime regulations and Union Persuader rule–both currently enjoined by federal courts–as well as the new EEO-1 reporting requirements remains to be seen. FortneyScott’s attorneys will continue to monitor this development and keep you updated.
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On April 23, 2024, the Federal Trade Commission voted, 3 to 2, to ban nearly all non-compete agreements. The ban is scheduled to become effective 120 days after it is published in the Federal Register (as of the date of this alert, it has not yet been published).
On Tuesday, April 23, 2024, the Department of Labor (DOL) released its long-delayed final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, increasing the salary threshold for overtime exemptions.
DOL released its final OT Rules which will become effective July 1, 2024.
The EEOC’s final Pregnant Workers Fairness Act (“PWFA”) regulations were republished in the Federal Register on April 19 and will become effective on June 18th. The final regulations and guidance clarified and, in some cases, expanded on employers’ accommodation obligations for pregnancy related conditions from what the EEOC originally included in the proposed regulations.
On March 29, 2024, the Office of Management and Budget published revisions to federal data that covered entities must collect on race and ethnicity.
On January 29, 2024, on the 15th anniversary of the enactment of the Lily Ledbetter Fair Pay Act, the Biden Administration announced a proposed regulation to prohibit federal contractors and subcontractors from using job applicant’s prior salary history when setting pay and to require federal contractors to disclose the expected salary range in job postings. The proposal was published in the Federal Register on January 30, 2024 and comments were due on April 1, 2024.
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Join our skilled presenters as they discuss the actions of the DOL (Wage & Hour; OFCCP; OSHA), the NLRB, and recent Court arguments confronting the Chevron doctrine, with a focus on the impact on the workplace.
On January 30, 2024, the Biden Administration published a proposed regulation to prohibit federal contractors and subcontractors from using job applicant’s prior salary history when setting pay and to require federal contractors to disclose the expected salary range in job postings.
On January 9, 2024, the Department of Labor’s Wage and Hour Administration (“W&H”) issued its long-awaited final regulation, “Employee or Independent Contractor Classification Under the Fair Labor Standards Act.”
