News & Analysis as of

Employees Comment Period

Stinson LLP

OSHA Publishes Hotly Anticipated Proposed Heat Standard

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At long last and at the tail-end of what is on track to be the hottest summer on record, the Occupational Safety and Health Administration (OSHA) issued its first proposed heat standard on August 30, 2024. OSHA's Notice of...more

Proskauer - Labor Relations Update

Chamber of Commerce Lawsuit Pushes Back NLRB Joint-Employer Rule Start Date Again

On February 22, 2024, a judge in the Eastern District Court of Texas issued a stay which will delay the effective start date of the National Labor Relations Board’s (“NLRB”) new joint-employer rule by 14 days, from February...more

Miles Mediation & Arbitration

Expect Change: A Closer Look at the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA), which requires employers with fifteen (15) or more employees to provide reasonable accommodations for an employee’s or applicant’s known limitations related to pregnancy, childbirth,...more

Troutman Pepper

Another Critical Item for Long-Term Care Facilities to Add to Their To-Do List — New Staffing Mandates

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On September 1, the Centers for Medicare & Medicaid Services (CMS) released the Minimum Staffing Standards for Long-Term Care (LTC) Facilities and Medicaid Institutional Payment Transparency Reporting proposed rule. This...more

Ius Laboris

Ontario seeks input on heat stress proposal

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The Ontario Ministry of Labour, Immigration, Training and Skills Development has announced that it is seeking prompt comments and feedback on two Occupational Health and Safety proposals, including one in relation to heat...more

Franczek P.C.

EEOC Releases Proposed Regulations for New Pregnancy Law

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Earlier this month, the EEOC released proposed regulations to implement the Pregnant Workers Fairness Act (“PWFA,” or the “Act”), which we initially wrote about. (The proposed rule can be found on the Federal Register’s...more

Stinson LLP

EEOC Proposes New Regulations For Pregnant Workers Fairness Act

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In late 2022, President Biden signed legislation creating new protections for pregnant and nursing employees, which was addressed in a previous alert. The Pregnant Workers Fairness Act (PWFA), went into effect on June 27,...more

Seyfarth Shaw LLP

New Jersey Temporary Workers’ Bill of Rights: Regulations Issued

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Seyfarth Synopsis: The New Jersey Department of Labor and Workforce Development issued its proposed regulations for New Jersey’s Temporary Workers’ Bill of Rights. The proposed regulations provide some clarity on several...more

FordHarrison

New Jersey Issues New Proposed Regulations on the Temporary Workers Bill of Rights for Comment

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On July 21, 2023, the New Jersey Department of Labor and Workforce Development posted on its website proposed regulations to implement the New Jersey Temporary Workers Bill of Rights.  Public comments on the proposal will be...more

Franczek P.C.

Comments Opposing FTC’s Proposed Rule Submitted

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On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule which, if adopted, would ban U.S. employers from using non-compete agreements.  In its notice of proposed rulemaking (“NPR”), the FTC sought public...more

DirectEmployers Association

OFCCP Week In Review: February 2023 #3

Monday, February 13, 2023: NLRB Again Extended Reply Comment Period on Proposed Fair Choice and Employee Voice Rule - Deadline for Reply Comments Now March 1 - Board Noted Administrative Error in Online Public Comment...more

Nelson Mullins Riley & Scarborough LLP

Proposed Federal Rule Seeks to Clarify Title VII’s Application to Religious Organizations

A January 13, 2023 rule proposed by nine federal agencies, including the Department of Labor, seeks to amend an assortment of regulations in order to clarify the rights and obligations of faith-based and community...more

Foley Hoag LLP

OSHA Announces Interim Final Rule on Antitrust Whistleblower Retaliation Claims

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The Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor has released a new rule that will give antitrust whistleblowers added protection against retaliation. The new rule establishes...more

Quarles & Brady LLP

FTC Issues Proposed Rule Banning All Non-Compete Agreements

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On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would ban the use of non-compete agreements between employers and their workers and require businesses to rescind existing non-compete contracts....more

Bass, Berry & Sims PLC

FTC Proposes Banning Non-Compete Provisions for Workers

Bass, Berry & Sims PLC on

On January 5, the Federal Trade Commission (FTC or Commission), an agency charged with enforcing federal antitrust laws and protecting competition, proposed a new rule that would prohibit “employers” from imposing...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

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On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

FordHarrison

FTC Proposes Rule To Ban Noncompete Clauses

FordHarrison on

On January 5, 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) that would ban employers from imposing noncompetes on their workers. The proposed rule would prohibit employers from...more

Keating Muething & Klekamp PLL

Independent Contractor Classification - Deadline to Submit Comments on the Notice of Proposed Rulemaking is Approaching

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor...more

CDF Labor Law LLP

NLRB Proposal Seeks to Make Removing Unions More Difficult

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The Biden National Labor Relations Board has been very busy trying to undue the work of the Trump Board ever since Jennifer Abruzzo took over as NLRB General Counsel. In the latest maneuver, on November 3rd, the Board issued...more

McDermott Will & Emery

The DOL Has Issued New Proposed Independent Contractor Classification Rules: What Now?

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On October 11, 2022, the United States Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) seeking to undo the Trump administration’s 2021 independent contractor regulations and revert to the six-factor...more

Littler

Canada Proposes Two CLC Regulations on Service of Documents, Regular Rate of Wages, and Reimbursement of Reasonable Work-Related...

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On October 1, 2022, Canada published two proposed Regulations under the Canada Labour Code (CLC) and requested comments by October 31, 2022, via a new embedded commenting feature....more

Littler

New Federal Tax Credits Require Compliance with New Prevailing Wage and Apprenticeship Mandates on Clean Energy Construction

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On August 16, 2022, President Biden signed into law the Inflation Reduction Act (IRA) of 2022. Among many other provisions, the IRA contains a new federal 30% tax credit for private construction, alteration or repair of...more

Sheppard Mullin Richter & Hampton LLP

NLRB Releases Proposed Joint Employer Rule Rolling Back Trump-Era Standard

On the heels of the Labor Day weekend, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking and request for comments (NPRM) that would once again change the joint employer legal standard. The...more

Conn Kavanaugh

Return of the ETS: Sixth Circuit Lifts Stay of Vaccination or Weekly Testing Mandate for Large Private Employers; OSHA Issues New...

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On December 17, 2021, the United States Court of Appeals for the Sixth Circuit lifted the stay of the OSHA standard requiring vaccination or weekly testing of workers at private employers with 100 or more employees that the...more

Bradley Arant Boult Cummings LLP

Silverware Rollers Unite! DOL Proposes New Rule on Use of Tip Credit for Non-tipped Work

As we discussed in April, the Biden administration halted the implementation of some of the Trump administration’s changes to the rules on taking a tip credit for non-tipped work. For those that never have had a server job,...more

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