Policy Matters

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.