Archive for the ‘News’ Category

Joshua Rosenstein Quoted in BNA on New Wage and Overtime Rules

Posted on November 21st, 2016

In BNA’s article, “Win or Lose, Campaign Staffers Usually Unemployed After Election,” Josh Rosenstein discusses the effects of the new wage and overtime rules on campaign staffers and political organizations.

“Campaigns are, like most other employers, faced with Fair Labor Standards Act compliance issues, and they tend to spend a lot of time ensuring labor laws are understood and adhered to, said Joshua Ian Rosenstein of Sandler Reiff Lamb Rosenstein & Birkenstock P.C. in Washington.

‘There is a very complicated interplay between federal regulations and what may be in place for state law,’ Rosenstein said.”

You can read the rest of the article here.

Josh Rosenstein Quoted in CQ Roll Call on Trump’s Lobbyist Proposal

Posted on November 17th, 2016

On Wednesday, the Trump transition team announced its position on lobbyists in the administration. The team said that it would allow lobbyists to join the administration, as long as they de-registered their clients, but prohibits its officials from lobbying for five years after they leave the administration. Josh Rosenstein discusses these regulations further in CQ Roll Call’s article, “Trump Ban Could Drive More Lobbying Into Shadows.”

“If the Trump administration’s restrictions are aimed at congressional and state lobbying on matters unrelated to ex-officials’ executive branch policy issues, then the Trump proposal could run afoul of the First Amendment, said Joshua Ian Rosenstein, a lobbying and ethics lawyer with Sandler Reiff Lamb Rosenstein & Birkenstock.  “Does the president have the ability to enforce this contract — to prohibit someone from lobbying Congress on unrelated matters? Does the government have the ability to do the same thing, infringe on people’s First Amendment rights to lobby on unrelated matters, with state and local governments? I don’t think they do,” Rosenstein said. He added that the shift could result in more lobbyists hiding their clients and their work from the public view of disclosure laws — a phenomenon that increased during the Obama presidency.  The nonpartisan Center for Responsive Politics, for example, looked at lobbyists who were registered in 2011 but were not registered in 2012. It found that more than 46 percent of those who had de-registered were still working for their same employers, “suggesting that many have simply avoided the reporting limits while still contributing to lobbying efforts,” the group said.  “It may drive a number of individuals who have thus far been complying with the law into the realm of shadow advocacy, which causes a whole other set of ethics issues,” Rosenstein said.”

You can read the rest of the article here.

Josh Rosenstein Discusses FARA and Manafort’s Resignation Further

Posted on August 22nd, 2016

Josh Rosenstein recently followed-up with the Hill to discuss FARA and the resignation of Paul Manafort further. In the article, Rosenstein explained that part of the reason for FARA’s low prosecution rate is due to the fact that the law primarily hinges on voluntary compliance.

If someone does not file paperwork correctly – or at all – the Justice Department will send a letter to the lobbyist or firm asking them for corrections, to register with the department as a foreign agent, or explain why registration is not necessary.

Simply updating records, even months or years after non properly disclosing work, can be enough to satisfy the DOJ.

“It’s clear that they’re hamstrung in their ability to ensure full compliance. They can’t subpoena, they can’t prosecute on their own,” Rosenstein said. “They’ve got the carrot but not the stick.”

Read the rest of the article here.

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