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Ten Employment Issues For Labor Day

The past year has brought sweeping changes to the world of work. Federal agencies finalized rules on minimum wage and overtime exemptions, union representation elections, pregnancy accommodations, OSHA inspections, and...more

The Global Guide Quarterly (Quarter 2, 2024)

A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015),...more

Supreme Court’s 2024 Term Could Transform Labor and Employment Law

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

U.S. Supreme Court Rolls Back “Deference” to Federal Agencies and Opens Up More Challenges to Regulations

On Friday, June 28, the U.S. Supreme Court overruled Chevron, USA Inc. v. Natural Resources Defense Council. Chevron often required courts to defer to federal agencies when those agencies were interpreting statutes they...more

California’s New Deal: Employment Law Reform May Depend on the Ballot Box

What do you get when you combine a business-backed ballot initiative, the state legislature and governor’s office, and labor organizations? A deal. California style. By now you have heard of the deal to reform the...more

Politics in the Workplace: What Employers Need to Know

As the 2024 election approaches, protests continue across the country, and employees increasingly engage in discourse on important national and international political topics, employers can expect that political speech and...more

The Littler® Annual Employer Survey Report - May 2024

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

Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard

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

U.S. Department of Labor Finalizes Independent Contractor Regulation

The U.S. Department of Labor published a final rule on January 9, 2024, defining “independent contractor” under the Fair Labor Standards Act (FLSA). The final regulation rescinds a 2021 rule defining the same term. In place...more

What Would Overruling Chevron Mean for Labor and Employment Law?

Next week, the U.S. Supreme Court will hear oral arguments in two cases asking whether to overturn Chevron USA, Inc. v. Natural Resources Defense Council. Chevron is a landmark administrative law decision. It requires courts...more

President Biden Issues Landmark Artificial Intelligence Executive Order

On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” to address the growing concerns surrounding the use of artificial...more

NLRB Final Joint-Employer Rule Dramatically Expands Definition of Joint Employment Under the NLRA

On October 26, 2023, the National Labor Relations Board (“NLRB” or “the Board”) released a final rule setting forth the standard for joint-employer status under the National Labor Relations Act (“NLRA” or “the Act”). The rule...more

New California Fast Food Worker Law Would Raise the Minimum Wage, Establish a “Fast Food Council,” and No Longer Fund the...

For years, California has led the way in the fast food industry, with several prominent brands having their origins in the Golden State.  More recently, California has shown innovation in the ways that the employment of fast...more

California Reaches Across State Lines to Invalidate Employee Non-Compete Agreements

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

NLRB’s Cemex Decision - Not Exactly Card Check, but Awfully Close

On August 25, 2023, the National Labor Relations Board (“NLRB” or “Board”) released its highly anticipated decision in Cemex Construction Materials Pacific (“Cemex”), NLRB Case No. 28-CA-230115.  Cemex involved allegations...more

The American Workforce Transformation – Challenges and Opportunities

Introduction - As headlines in The New York Times and other major news media tout increases in the number of employed non-farm workers, a deeper dive reflects that the labor force participation rate in June was 62.6% for...more

BIPA’s Devastating Effects on Illinois Businesses

As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the...more

California Could Revive the Industrial Welfare Commission

As happens this time every year in California, legislators and the governor are crafting a state budget for the upcoming fiscal year. The budget bill currently under consideration in Sacramento contains a startling and...more

The Littler Annual Employer Survey Report - May 2023

Executive Summary - Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations. Numerous headwinds...more

Hot Take(out): California Fast Food Franchises Could Face Increased Liability

It’s been a busy spring at the California state capitol.  Among the few thousand bills being considered by California’s legislature this year, AB 1228 stands out.  The bill would essentially create joint liability for...more

California Legislature Serves Up Bill Proposing Joint Employer Liability For Fast Food Franchisors

With one day left to spare before the deadline to introduce new bills, on February 16, 2023, California Assemblymember Chris Holden (D-41) introduced Assembly Bill 1228, the “Fast Food Franchisor Responsibility Act.”  This...more

2022 Midterm Election Impact on Labor and Employment Policy

Over the weekend, Senate Democrats defied midterm election historical trends and maintained control of their narrow majority in the Senate. In Nevada, Democratic Senator Catherine Cortez Masto narrowly defeated Republican...more

Department of Labor Proposes New Rule for Independent Contractor Status

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

WPI Labor Day Report 2022

I. The State of the U.S. Workforce - In the early months of the pandemic, jobs declined by a staggering 22.2 million. The good news is that jobs recovery has been on the rise since February 2020. In July, the number of...more

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