Apprenticeship is a proven model for developing a skilled workforce.
Eugene Scalia
At the heart of Erisa is the requirement that plan fiduciaries act with an 'eye single' to funding the retirements of plan participants and beneficiaries. This means investment decisions must be based solely on whether they enhance retirement savings, regardless of the fiduciary's personal preferences.
Political activity by unions is not wrong. It's their First Amendment right.
Many investors understandably want to do good while also doing well. But the standards for ESG investing are often unclear and sometimes contradictory.
I've written that there are some workplaces where the best thing you could have for achieving the best terms and conditions of employment will be a labor union. They play an important role.
Unions and their supporters in Congress claim that when employees vote on whether to unionize, the elections are tainted by employer intimidation. They're wrong.
Running a business and need more skilled workers? If you're not considering apprenticeships, then you're behind the curve.
Ergonomists are not physicians - they are engineers - and their medical theories are controversial. Some of the world's leading medical researchers deny that repetitive motion causes injury.
Financial regulators should be particularly attentive to the financial consequences of their actions.
The best thing for workers is work, not unemployment.
Programs funded by the Department of Labor have already opened doors for many Americans to become apprentices, particularly veterans, women and minorities. But government alone cannot equip the American workforce for the jobs of tomorrow. The private sector must lead.
Community colleges, businesses, trade associations and others have begun to issue a range of their own credentials to certify when a worker has mastered a valuable expertise. Apprenticeships often fill this need perfectly.
From his first days in the Oval Office, President Trump has prioritized the American worker.
The H-1B program was never intended to create a pool of foreign labor that displaces Americans' opportunities for good-paying jobs.
One of the biggest challenges for any new administration is contending with its predecessor's priorities and beginning to advance its own.
ESG investing often marches under the same banner as 'stakeholder capitalism,' which maintains that corporations owe obligations to a range of constituencies, not only their shareholders.
ESG investing poses particular concerns under the Employee Retirement Income Security Act, or Erisa, the federal law governing private retirement plans.
OSHA's decision to regulate home workplaces reflects the agency's expanding conception of its own mission.
OSHA was created to regulate jobs that cause injury or illness to workers. Increasingly, though, OSHA sees its purpose as improving the general welfare of working Americans, whether work itself is hazardous or not.
President Trump was determined to replace NAFTA from the day he took office. It reflected the old way of trade deals in which our partners shirked labor protections while American companies shipped operations and jobs to cheaper foreign locations. Our factories shuttered, our manufacturing shrank, and we grew more dependent on foreign suppliers.
Before Trump, trade policy ceded our manufacturing strength to foreign nations.
The USMCA ushers in a new era for trade policy. Between labor protections and support for the American automobile industry, it places our manufacturers at the center of a blue collar comeback.
The USMCA is certainly a historic bipartisan achievement by Trump, whose determination produced a trade deal supported by both labor unions and business along with Democrats and Republicans.
I've advised clients to fire or take other serious action against executives and other managers who, in my judgment, had engaged in harassment or other misconduct.
Businesses always are reluctant to make governmental filings about the purpose and terms of their relationships. That's particularly so when sensitive strategic and legal matters are involved - and when misfiling could result in criminal sanctions.
In a word, unions are not entitled to use retirement funds to raise costs at the companies where the funds are invested. And unionized corporations are not required to permit this. Rather, management trustees and the Labor Department are obligated to prevent it.
This is not a country where we look lightly at tens of millions of dollars in lost direct costs in restructuring entire industries, and say, well, that's not irreparable harm, it doesn't concern us.
Dodd-Frank is an important statute, but often when the government believes it's handling a particularly important issue, there can be a tendency to overreach.
The truth is that the D.C. Circuit is an admirably nonideological court that applies principles of administrative law evenhandedly.
Despite its heightened duty, at times the SEC has been inattentive to economic analysis.
The SEC and CFTC are expert agencies blessed with immensely capable professionals. Judges value and defer to that expertise - when it's exercised to make the hard decisions that Congress entrusts to an agency.
U.S. companies should consider all the implications before signing agreements that give employees carte blanche to funnel company information to law-enforcement agencies.
Whistleblowers deserve protection, but employees are not federal agents.
The most important thing to me as a practitioner has been fidelity to my obligations and to the law.
For a lawyer to shade or slant his legal advice to advance a private agenda is among the gravest betrayals of his solemn duty as an attorney.
Whenever you're going into oral argument, it's preferable to be able to weave the arguments together. That gets harder when you split the argument into pieces.
I am not necessarily my clients. I will seek to defend them, to vindicate their rights but that doesn't mean that I necessarily think that what they did was proper.
It's widely recognized that employers and employees need more assistance addressing problems with rising health care costs. Attempts to address the problem are going to require a federal response, not a patchwork of state and local mandates.
I've taken pains to acknowledge that ergonomic pain is real and that ergonomics is valid.
I've urged employers to address ergonomics and adopt ergonomics measures.
I've urged employers to address workers' pain.
