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DOL Proposes Major Increase in Required Salary Threshold Amounts for FLSA Exemptions

On Aug. 30, 2023, the U.S. Department of Labor (DOL) announced a notice of proposed rulemaking (NPRM) that would significantly increase salary threshold amounts required for certain employees to be exempt from federal Fair...more

Federal “Ban the Box” Regulations Proposed

The U.S. Office of Personnel Management (OPM) proposed initial regulations to implement the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act). The proposed regulations would apply to federal employees and will...more

Fourth Circuit Dismisses Novel Single-Employer Independent Contractor WARN Claim

In Pennington v. Fluor Corp., Nos. 21-1141, 21-1143, 2021 U.S. App. LEXIS 35307 (4th Cir. Nov. 30, 2021), the U.S. Court of Appeals for the Fourth Circuit recently dismissed a federal Worker Adjustment and Retraining...more

Sixth Circuit Lifts Stay of OSHA Emergency Vaccine Mandate for Large Employers

On late Friday Dec. 17, 2021 a three-judge panel from the U.S. Court of Appeals for the Sixth Circuit reinstated the Biden administration’s vaccine-or-test mandate for large employers, lifting the Fifth Circuit’s earlier stay...more

OSHA Issues Emergency Vaccine Regulation Affecting Large Employers

As McGuireWoods noted in a Sept. 10, 2021 alert, in Sept. 20 and Sept. 23 FAQs, and in Sept. 27 and Oct. 18 alerts, President Biden’s “Path Out of the Pandemic” employee COVID-19 vaccination mandates have three main...more

New Employer Requirements Under Amended North Carolina Wage and Hour Act

The North Carolina Wage and Hour Act received an update on July 8, 2021, when Gov. Roy Cooper signed Senate Bill 208 into law, including changes to N.C.G.S. §§ 95-25.7 and 95-25.13. The changes affect an employer’s...more

EEOC Issues New COVID-19 Vaccine Guidance for Employers

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued new COVID-19 vaccine guidance for employers. Although the updated FAQs do not address compliance with the Centers for Disease Control and...more

Navigating Government Shutdowns: Legal Issues for Federal Contractors

With the end of the federal government shutdown that began on Jan. 20, 2018, there is a reasonable likelihood that the budget impasse will just be resurrected when yet another short-term funding extension enacted by Congress...more

DOL Adopts “Primary Beneficiary” Test for Unpaid Internships

Following another appellate court’s rejection of its six-part test to determine whether an intern is an employee for purposes of the Fair Labor Standards Act, the Department of Labor (DOL) on January 5 announced that it would...more

Calif. Adopts New Salary History, Pay Scale Requirements

On Oct. 12, 2017, California Gov. Jerry Brown signed a new law that restricts employers’ use of applicants’ salary history during the hiring process. This law will also require employers to provide the applicable pay scale to...more

9th Circuit to Reconsider Employer Use of Salary History During Hiring

On Aug. 29, 2017, the U.S. Circuit Court of Appeals for the 9th Circuit announced it will reconsider en banc whether employer use of salary history to determine an applicant’s compensation as a new hire violates the federal...more

Planning for a Possible Government Shutdown: Labor and Employment Issues for Government Contractors

With the federal government funded only through Sept. 30, 2015, unless Congress acts quickly, there is a reasonable likelihood of another government shutdown beginning Oct. 1, 2015. The looming shutdown will create...more

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