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Employer Liability Issues Obama Administration

Conn Maciel Carey LLP

Industry Groups and Congressional Leaders Attack OSHA’s New “Worker Walkaround” Inspection Rule

Conn Maciel Carey LLP on

To advance the Biden Administration’s promise to be “the most labor friendly administration in history,” on April 1, 2024, OSHA published in the Federal Register its Final Worker Walkaround Representative Designation Process...more

DirectEmployers Association

OFCCP Week In Review: June 2023 #3

Tuesday, June 13, 2023: U.S. NLRB Returned to Obama-Era Independent Contractor Standard for NLRA Coverage - Ruling Makes It Harder for Employers to Treat Workers as Independent Contractors - Decision Will Also Impact...more

Perkins Coie

NLRB Returns to Obama-Era Microunit Standard

Perkins Coie on

On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more

Bradley Arant Boult Cummings LLP

UnDACAmented: Protections for Dreamers in Peril

A federal district court in Texas recently struck down the Deferred Action for Childhood Arrivals program – known commonly as DACA – holding that the program was improperly implemented by the former Obama administration and,...more

Sheppard Mullin Richter & Hampton LLP

Scabby Survives Another Trip to the NLRB: Board Reaffirms Rat-and-Banner Displays Targeting Neutral Businesses Are Permissible

On July 21, 2021, the National Labor Relations Board (“NLRB” or the “Board”) issued a 3-1 decision affirming its precedent that displaying banners and a large inflatable rat (“Scabby the Rat”) near neutral employers does not...more

Bradley Arant Boult Cummings LLP

‘Tis the Season — Year-End Reminder of 2020’s FLSA Salary Threshold Increase and What You May Need to Check Now

Remember last January and the salary threshold change the Department of Labor rolled out for salaried exempt and highly compensated employees under the FLSA? As the end of the year approaches, you might need to revisit the...more

Foley & Lardner LLP

DOL Breaks Record in Wage and Hour Enforcement – Time to Consider Self-Audits

Foley & Lardner LLP on

Those who believed the Trump administration would scale back the Obama-era Department of Labor’s (DOL’s) aggressive enforcement of wage and hour laws may be surprised to learn that the DOL recently announced that it recovered...more

Woods Rogers

U.S. Department Of Labor Increases FLSA Salary Threshold

Woods Rogers on

On September 24, 2019, the U.S. Department of Labor (“DOL”) issued the final rule on the salary threshold, making 1.3 million American workers newly eligible for overtime pay.  The final rule raises the standard salary level...more

Pillsbury Winthrop Shaw Pittman LLP

How Employers Should Respond to the Trump Administration’s Final Overtime Rule

The 2019 Final Rule formally rescinds the Obama Administration’s 2016 Final Rule and increases the current minimum salary level by almost 50 percent and the current exemption salary level for highly compensated employees by...more

Franczek P.C.

New Minimum Salary For Exempt Employees Takes Effect January 1, 2020

Franczek P.C. on

On Tuesday, the U.S. Department of Labor issued its final rule concerning overtime exemptions. The rule increases the salary threshold for employees exempt under the executive, administrative, and professional exemptions (the...more

Proskauer - Law and the Workplace

The New Federal Overtime Rule: What You Need to Know

The U.S. Department of Labor issued its final rule amending the overtime regulations today, without any significant changes from the proposed rule the agency issued in March 2019.  Here’s the bottom line....more

Stokes Wagner

DOL Issues New Overtime Exemption Rule

Stokes Wagner on

The U.S. Department of Labor released its highly anticipated final rule governing the new salary threshold for the “white collar” overtime exemptions. Effective January 1, 2020, the final rule raises the salary threshold for...more

Troutman Pepper

Two Federal Agencies Make It Easier to Establish Independent Contractor Status

Troutman Pepper on

Recently, both the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) issued documents supporting independent contractor status, evidencing the more pro-employer stance of the Trump administration as...more

Proskauer - Law and the Workplace

BREAKING: Judge Lifts Stay On EEO-1 Pay Data Submission Requirement

Quick Hit: A federal judge has issued an order lifting the stay issued by the Office of Management and Budget (“OMB”) that halted implementation of the EEOC’s revised EEO-1 form that would have added compensation data to the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: Responding to the Call for Equal Pay

Over the past couple of years, heightened awareness of and activism about pay inequity has resulted in public commitments from major companies to take steps to address the issue, both in the U.S. and in Europe....more

McAfee & Taft

Employers must still use caution when using independent contractors

McAfee & Taft on

A new opinion from the Tenth Circuit Court of Appeals, Acosta v. Jani-King of Oklahoma, Inc., is a reminder that there are still significant risks when classifying workers and independent contractors....more

Steptoe & Johnson PLLC

#MeToo Legal Impact Remains Unclear

Steptoe & Johnson PLLC on

The rise of the #MeToo movement is raising the question of whether sensitivity to sexual harassment of university employees will result in new policies and procedures similar to increased protections students received over...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Gives Credit to Unpaid Student Interns After Getting Schooled by the Courts

Over the last few years, several federal courts—and, most recently last month, another appellate court—rejected the Obama administration’s mandatory six-prong test for whether someone can properly be classified as an unpaid...more

Cozen O'Connor

I-23- Stunning End-Of-Year NLRB Developments: An Extensive Interview With Former NLRB Associate General Counsel Barry Kearney

Cozen O'Connor on

Thought 2017 would end quietly? The month of December has seen several stunning decisions by the NLRB which impact Obama-era precedent, and which will impact employers and employees going forward in 2018. Joining this episode...more

Burr & Forman

How the DACA “Wind Down” Will Impact Employers

Burr & Forman on

On September 5, 2017, the Department of Homeland Security (“DHS”) issued a memorandum rescinding an Obama-era program known as Deferred Action for Childhood Arrivals (“DACA”). DACA permits certain undocumented aliens that...more

Stinson LLP

Trump Administration Announces Termination of Popular DACA Program

Stinson LLP on

On September 5, 2017, the Department of Justice announced the wind-down of the Deferred Action for Childhood Arrival (DACA) program. The federal program, created under President Barack Obama's administration, provided work...more

Dickinson Wright

Employers and the DACA Wind Down Decision on September 5

Dickinson Wright on

On September 5, 2017, the Department of Homeland Security (DHS) issued the unfortunate Memo to rescind the Deferred Action for Childhood Arrivals (DACA) program (Memo). DHS Acting Secretary, Elaine C. Duke, noted that...more

Jackson Lewis P.C.

Deferred Action For Childhood Arrivals Program Is Rescinded, AG Sessions Announces

Jackson Lewis P.C. on

The Deferred Action for Childhood Arrivals (DACA) program is being rescinded, Attorney General Jeff Sessions announced on September 5, 2017. The DACA program was implemented in 2012 by an executive order signed by...more

Seyfarth Shaw LLP

Dream Over? Trump Administration Announces Plans to Phase Out DACA

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Seyfarth Synopsis: The Department of Homeland Security (DHS) to terminate the Deferred Action for Childhood Arrivals (DACA) program. "Congress, get ready to do your job - DACA," tweets President Trump on Tuesday morning. ...more

Conn Maciel Carey LLP

[Webinar] OSHA Interpretations and Variances: Regulatory Strategies Resurrected in a Trump Administration - June 6th, 1:00pm ET

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A new world has just taken hold in Washington, DC, and with it, we expect OSHA to be much more open to employers’ views how regulatory programs should apply in their workplaces. This opens the door to regulatory strategies...more

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