Nicholas Covers Beginning of DOL’s Wage and Hour Division Under Trump
24 July 2017
Law360
Partner James Nicholas was quoted in a Law360 article, “DOL Wage and Hour Division Getting in Gear After Slow Start,” covering the changes of the Department of Labor’s Wage and Hour Division under the Trump administration, including the return of opinion letters.
“Judicial opinion has far more force than administrative interpretations or opinion letters, but they are given deference to a degree,” Nicholas explained. “There are pragmatic judges out there who will completely disregard opinion letters because they change with administration. … It matters less to those types of pragmatic judges than would the force of another case, or the force of statute or regulation.”
Nicholas added: “Everything they’ve telegraphed so far is that some of the punitive measures that would have been instituted under Obama’s DOL won’t necessarily be there now, and protections that the Obama administration’s DOL were interested in pursuing, they’re not being pursued by the Trump administration.”
“Judicial opinion has far more force than administrative interpretations or opinion letters, but they are given deference to a degree,” Nicholas explained. “There are pragmatic judges out there who will completely disregard opinion letters because they change with administration. … It matters less to those types of pragmatic judges than would the force of another case, or the force of statute or regulation.”
Nicholas added: “Everything they’ve telegraphed so far is that some of the punitive measures that would have been instituted under Obama’s DOL won’t necessarily be there now, and protections that the Obama administration’s DOL were interested in pursuing, they’re not being pursued by the Trump administration.”
Related News
16 May 2025
In the News
Foley's East Coast Litigation Additions Highlighted in Legal Press
Foley & Lardner LLP partners Kenneth Breen, Phara Guberman, and Joseph Dowdy are featured across legal press for their recent move to the firm.
16 May 2025
In the News
Foley Attorneys Assess AI Use in Clinical Trials
Foley & Lardner LLP partners Monica Chmielewski and Kyle Faget shared insights on the growing adoption of artificial intelligence in clinical trials in the Clinical Trials Arena article, "Are regulators keeping pace with AI adoption in clinical trials?"
15 May 2025
In the News
Grace Fucci Publishes on Sustainability in Luxury Fashion
Foley & Lardner LLP associate Grace Fucci explores the intersection of luxury fashion and sustainability in The Global Legal Post article, "Can luxury fashion houses join the sustainability discussion?"