Author: Constangy, Brooks, Smith & Prophete, LLP

By Elizabeth Joiner, Jacksonville Office of Constangy, Brooks, Smith & Prophete, LLP Both the U.S. Citizenship and Immigration Services and the U.S. Department of Justice issued public statements yesterday announcing the adoption of aggressive efforts to address purported discrimination against U.S. workers. Specifically, effective immediately, the USCIS and the DOJ are implementing measures to identify…

By Richard Bromley and Aaron Rutschman, Los Angeles-Century City Office of Constangy, Brooks, Smith & Prophete, LLP It has been five years since the California Supreme Court issued its seminal ruling on meal and rest breaks in Brinker Restaurant Corporation v. Superior Court. Although many considered the ruling in Brinker to be beneficial to employers,…

(Maybe, but employers shouldn’t get too excited.) By David Phippen, Washington DC Metro Office of Constangy, Brooks, Smith & Prophete, LLP For the second time, the U.S. Supreme Court has handed a setback to the efforts of the Obama Administration to make appointments to leadership positions in the National Labor Relations Board. In Noel Canning (2014),…

By Robin Shea, Constangy, Brooks, Smith & Prophete, LLP. To see more posts or to learn more about Robin, see Employment & Labor Insider. Two Trumpian developments of interest to employers will occur on March 15, next Wednesday: Alex Acosta’s confirmation hearing is scheduled to take place that day. Mr. Acosta is President Trump’s nominee…

By Robin Shea, Constangy, Brooks, Smith & Prophete, LLP. To see more posts or to learn more about Robin, see Employment & Labor Insider. President Trump’s address to Congress last night didn’t have much on labor and employment issues, apart from the creation of jobs (which is no small thing and would be awesome if…

By Mark Flora, Austin Office of Constangy, Brooks, Smith & Prophete, LLP Many of you may have already heard of a potential national immigration protest scheduled for tomorrow, Thursday, February 16. Immigrant employees and students are being encouraged to stay home, immigrant-owned business to remain closed, and customers to refrain from making purchases. This is not false news….

By Dana Latham Thrasher, Birmingham, Alabama office of Constangy, Brooks, Smith & Prophete, LLP As anticipated, and consistent with his stance on reducing government regulation, President Trump signed an executive order late last week directing a review of the retirement plan fiduciary rule (the Dodd-Frank Wall Street Reform and Consumer Protection Act, passed in 2010). The…

By Robin Shea, Constangy, Brooks, Smith & Prophete, LLP. To see more posts or to learn more about Robin, see Employment & Labor Insider. Yesterday, a panel of the U.S. Court of Appeals for the Ninth Circuit denied the Trump Administration’s motion to stay the temporary restraining order issued by a federal judge in Seattle….

By Robin Shea, Constangy, Brooks, Smith & Prophete, LLP. To see more posts or to learn more about Robin, see Employment & Labor Insider. President Trump’s Supreme Court nominee Judge Neil Gorsuch is still looking good to me. I’ve now read his famous (among law nerds, anyway) concurrence in Gutierrez-Brizuela v. Lynch, in which he…

By Robin Shea, Constangy, Brooks, Smith & Prophete, LLP. To see more posts or to learn more about Robin, see Employment & Labor Insider. It’s Neil Gorsuch! President Trump’s nominee for the Supreme Court was Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit. If you watched the announcement on TV last…