News & Analysis as of

The United States Department of Labor National Labor Relations Board

The United States Department of Labor is a federal executive department established in 1913 and headed by the Secretary of Labor. The Department's mission is to promote workers's general welfare and... more +
The United States Department of Labor is a federal executive department established in 1913 and headed by the Secretary of Labor. The Department's mission is to promote workers's general welfare and improve working conditions. less -

Food and Beverage Law Update: August 2017

by Holland & Knight LLP on

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

Employment Law - August 2017

Deferred Vacation Policy Lawful, California Appellate Court Rules - Why it matters - A vacation policy that employees do not begin to earn vacation time until after their first year of employment is lawful, the...more

WPI Insider Briefing: After ACA "Repeal and Replace" Effort Fails, What's Next For Employers on Health Care and Other Workplace...

by Littler on

Last month began with significant momentum but long odds that Senate Republicans would pass legislation repealing and replacing the Affordable Care Act (ACA). In the early hours of July 28, GOP efforts came to a screeching...more

Keeping up With Kaplan: Senate Confirms NLRB's Newest Board Member

by Faegre Baker Daniels on

After nearly two years without a full National Labor Relations Board (NLRB) of five members, the Senate recently confirmed one of President Trump’s nominees. A full five-member board that will favor employers is anticipated...more

Joint Employment Game Changer? Proposed Law Would Radically Alter Definition In Employers’ Favor

by Fisher Phillips on

Employers across the country should collectively cross their fingers and hope that HR 3441, also known as the “Save Local Business Act,” becomes law in the near future. The bill, introduced in the House of Representatives...more

House Hearing Explores Legislative Remedy to Joint Employer Confusion

by Littler on

On July 12, 2017, the U.S. House Committee on Education and the Workforce held a hearing concerning the need for legislation to redefine the joint employer standard. As many employers are aware, the interpretation of when...more

Senate Hearing On Labor And Employment Nominees Set For Today — But Will It Happen?

The Senate is scheduled to hold a “combined” confirmation hearing starting at 9:30 a.m. Eastern today on three Trump nominees for labor-and-employment-related positions: Marvin Kaplan and William Emanuel, both of whom have...more

WPI Insider Briefing: Workplace Policy under the Trump Administration Begins to Take Shape as "Repeal and Replace" of the ACA...

by Littler on

Five months into President Trump's term, his administration's workplace policy is beginning to take shape. From notable developments at the Department of Labor (DOL), to long-awaited nominations to the National Labor...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 16

by Clark Hill PLC on

Rep. Diane Black Fighting Budget Headwinds: Rep. Diane Black is facing a revolt over her plans to cut $200 billion from entitlement spending. The Tennessee Republican heads the House Budget Committee. A group of 20 GOP...more

June 2017: The Top 15 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more

Employment Law Navigator – Week in Review: July 2017

by Zelle LLP on

Since the last edition of That Is So Last Week on June 26, the Eighth Circuit Court of Appeals ruled that a Jimmy John’s franchise in the Twin Cities did not violate the organizing rights of six employees that it fired for...more

The DOL Seeks to Change the Tide

While local state and city governments have been working to expand the scope of workplace protections, the Federal government has begun “undoing” some of the aggressive advancements of the Obama Administration....more

Executive Labor Summary - May / June 2017

NEWS & ANALYSIS - Trump nominations on track to fill open seats on the NLRB - After a slow start, President Trump is taking the steps to fill more slots at various agencies, including the National Labor Relations Board. On...more

Here We Go Again! DOL Proposes to Rescind the Permanently Enjoined “Persuader” Rule (and Perhaps Revise It)

The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more

Updates in Federal Employment Law

by White & Case LLP on

No-Recording Policies at Work Must Be Limited - On June 1, 2017, the United States Court of Appeals for the Second Circuit held in Whole Foods Market Group, Inc. v. National Labor Relations Board that the federal National...more

How Will Federal Legal and Regulatory Changes Impact Connecticut Employers?

by Shipman & Goodwin LLP on

For the last six years, you haven’t seen much on this blog about changes to federal employment laws because, well, there just weren’t any. What we DID see, however, were changes to regulations and enforcement orders....more

DOL Withdraws Guidance on Independent Contractors and Joint Employers: What It Means and What Employers Should Do Now

by Seyfarth Shaw LLP on

Seyfarth Synopsis: United States Secretary of Labor Alexander Acosta recently withdrew the federal Wage & Hour Division’s (WHD) Obama-era guidance documents on independent contractors and joint employment. Those documents,...more

DOJ Now Supports Enforcement of Employment Arbitration Clause

by Benesch on

The U.S. Justice Department has abruptly reversed course in a U.S. Supreme Court case concerning an employment agreement that restricts employees from participating in class and collective lawsuits, arguing that a mandatory...more

Franchise Law: Burden of Joint Employer Just Got a Little Lighter

by Lewitt Hackman on

Direct control, indirect control…these are the employment litigation phrases that had franchisors cowering in duck-and-cover positions over the last few years. But the Department of Labor just issued a statement to breathe...more

Are You My Employer? DOL Rescinds Obama-Era Joint Employer Guidance

by Miller & Martin PLLC on

The Department of Labor (DOL) announced its decision today to rescind two Obama-era guidance letters that aimed to expand the joint employer doctrine and limit the misclassification of workers under the Fair Labor Standards...more

Unions Leverage OSHA and other Dept. of Labor Enforcement as an Organizing Tactic

by Conn Maciel Carey LLP on

As the private sector continues to see a decline in labor union membership among employees, labor unions are struggling to remain relevant and recruit new, dues-paying members. Traditionally, when a labor union begins an...more

Withdrawn: DOL Nixes Guidance on Independent Contractors and Joint Employment

Effective June 7, 2017, the Department of Labor (“DOL”) has withdrawn informal guidance on independent contractors and joint employment. The guidance on independent contractors came from an Administrator’s Interpretation...more

The U.S. Department of Labor Withdraws Obama-Era Guidance Regarding Independent Contractor versus Employee Classification

by Hirschfeld Kraemer LLP on

As we previously blogged here and here, the Obama Administration, through the U.S. Department of Labor (“DOL”) as well as the National Labor Relations Board (“NLRB”), made it clear early and often that it was going to take an...more

DOL Withdraws Independent Contractor and Joint Employer Guidance

by Morgan Lewis on

The DOL’s withdrawal of two Administrator’s Interpretations likely is a harbinger of further changes to administrative agency enforcement posture under the new administration....more

June Kicks Off with a Flurry of Labor and Employment Law Developments and Activity

by Benesch on

DOL Actions Undercut Obama Administration on Joint Employers and Independent Contractors In the past week, the U.S. Department of Labor (“DOL”) under new Labor Secretary Alex Acosta has moved to dismantle a series of the...more

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