December 6, 2016

Briefing update in Fairfax Memo Challenge

By Damien M. Schiff Senior Attorney

In National Federation of Independent Business v. Dougherty, we challenge the so-called Fairfax Memo, a substantial pro-union re-write of federal law governing workplace safety inspections. Last month, the feds moved to dismiss our challenge on procedural and substantive grounds. Yesterday, we filed our opposition to the feds’ motion to dismiss. We argue that our action is procedurally sound and substantively convincing. We expect a decision on the motion sometime in early 2017.

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