At the end of its 2024 term, the U.S. Supreme Court handed down four decisions limiting the power of federal agencies. While none of those decisions involved a labor and employment agency, all of them could transform labor...more
7/2/2024
/ Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Article II ,
Article III ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Corporate Counsel ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Statutory Interpretation
Executive Summary -
2024 promises to be a consequential year for employers. The U.S. is preparing for an election that will likely have a significant impact on the future of employment and labor law. At the same time,...more
5/8/2024
/ Annual Reports ,
Artificial Intelligence ,
Bias ,
Corporate Counsel ,
Employees ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Federal Labor Laws ,
Human Resources Professionals ,
Labor Law Violations ,
State Labor Laws ,
Surveys
On March 8, 2024, the U.S. District Court for the Eastern District of Texas struck down regulations promulgated by the National Labor Relations Board (the “NLRB” or “Board”) defining joint employment (the “new Rule” or “2023...more
3/11/2024
/ Controlling Employer ,
Corporate Counsel ,
Employer Liability Issues ,
Federal Labor Laws ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions ,
Vacated
We are in the final stretch of the California legislature’s first year of a two-year session. One bill that sped through the legislative process—without any registered opposition—is Senate Bill 699, which extends the state’s...more
9/7/2023
/ California ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
Legislative Agendas ,
Non-Compete Agreements ,
Out-of-State Companies ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws
On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor. FLSA...more
10/12/2022
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
On June 21, 2022, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. These semi-annual regulatory agendas outline federal agency goals for the months ahead. Although the...more
6/23/2022
/ Biden Administration ,
Corporate Counsel ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Federal Labor Laws ,
Labor Reform ,
Labor Relations ,
NLRB ,
OSHA ,
Regulatory Agenda ,
Unions ,
Wage and Hour ,
White-Collar Exemptions
On April 29, 2022, organized labor achieved a long-sought political objective when the Connecticut House of Representatives passed Senate Bill 163, “An Act Protecting Employee Freedom of Speech and Conscience.” Effective July...more
5/4/2022
/ Collective Bargaining ,
Connecticut ,
Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
First Amendment ,
Labor Reform ,
Labor Relations ,
Pending Legislation ,
State Labor Laws ,
Union Elections ,
Union Organizers ,
Unions
On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more
3/16/2022
/ Administrative Procedure Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Over-Time ,
Statutory Violations ,
Wage and Hour
The federal government’s complicated multi-pronged approach to implementing COVID-19 safeguards related to federal contractors has left many confused. ...more
10/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden released his COVID-19 Action Plan, Path Out of the Pandemic (the “Plan”). The Plan mandates vaccination against COVID-19 for employees working for employers that have 100 or more...more
9/15/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Popular ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP), the Department of Labor sub-agency charged with enforcing affirmative action and non-discrimination requirements imposed on federal contractors...more
9/1/2021
/ Affirmative Action ,
Corporate Counsel ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Non-Discrimination Rules ,
OFCCP ,
Pay Data ,
Pay Discrimination ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
On July 29, 2021, the U.S. Department of Labor announced it was formally rescinding regulations issued by the prior administration defining “joint employer” status under the Fair Labor Standards Act (FLSA). ...more
On June 11, 2021, the federal government released its unified federal regulatory agenda for spring 2021, which outlines regulatory and deregulation actions agencies expect to take in the coming months....more
6/17/2021
/ Corporate Counsel ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Deregulation ,
Fair Labor Standards Act (FLSA) ,
Health and Safety ,
Joint Employers ,
Labor Regulations ,
Minimum Wage ,
Regulatory Agenda ,
Tipped Employees ,
Tips ,
Wage and Hour
In September 2020, then-candidate Joe Biden promised organized labor that, if elected, he would be the “strongest labor president you’ve ever had.” In his first 100 days in office, now President Biden has acted quickly and...more
5/4/2021
/ Biden Administration ,
Collective Bargaining ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Federal Contractors ,
Infrastructure ,
Labor Reform ,
Labor Regulations ,
LGBTQ ,
Minimum Wage ,
NLRA ,
Tip Credit ,
Tipped Employees ,
Unions ,
Wage and Hour
On March 11, 2021, the U.S. Department of Labor (“DOL” or “the Department”) announced proposals to roll back two Trump administration regulations under the Fair Labor Standards Act (“FLSA” or “the Act”)....more
3/12/2021
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Misclassification ,
Wage and Hour
On January 6, 2021, the U.S. Department of Labor (DOL) finalized its highly anticipated independent contractor rule. The rule delivers on the DOL’s promise to simplify, clarify and harmonize the factors for determining when...more
On September 22, 2020, the White House released a new executive order, On Combating Race and Sex Stereotyping. Among other things, the order instructs government contracting agencies to add provisions to government contracts...more
9/24/2020
/ Bias ,
Civil Rights Act ,
Corporate Counsel ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
Race Relations ,
Regulatory Reform ,
Title VII ,
Trump Administration
On August 28, 2020, the U.S. Department of the Treasury issued guidance for employers with respect to the deferral of the employee portion of certain payroll taxes. This guidance stems from a presidential memorandum issued...more
As the United States continues to struggle with the devastating impact of the COVID-19 pandemic on health, safety, and the economy, it is likely that many employers will have yet another issue to face as they attempt to...more
The wave of COVID-19 litigation is not coming; it has arrived. Even before most states open back up for business, plaintiff’s lawyers are suing employers for a variety of alleged violations related to the virus, including...more
On March 31, 2020, the IRS published new guidance clarifying how employers can claim tax credits for giving employees paid leave and maintaining their payrolls during the COVID-19 crisis. The agency explained that employers...more
On March 26, the U.S. Department of Labor (DOL) released additional FAQs that further explain employer and employee rights and responsibilities under the federal Families First Coronavirus Response Act (FFCRA)....more
3/30/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal...more
3/10/2020
/ ABC Test ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Popular ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision....more
1/22/2020
/ ABC Test ,
CA Supreme Court ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Petition for Review ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal...more
11/21/2019
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
GINA ,
Joint Employers ,
Labor Regulations ,
NLRA ,
NLRB ,
Pay Equity Laws ,
Private Property ,
Regulatory Agenda ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Organizers ,
Wage and Hour ,
Wellness Programs