On April 23, 2024, the Federal Trade Commission (“FTC” or the “Commission”) voted to finalize a rule abolishing the vast majority of employee noncompetes across the United States (the “Noncompete Rule” or “Rule”). The FTC...more
4/25/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
On April 1, 2024, the U.S. Department of Labor (DOL) published its final rule on who is allowed to be present for an OSHA inspection. The rule becomes effective on May 31, 2024. By way of background, both the employer and...more
4/9/2024
/ Compliance ,
Department of Labor (DOL) ,
Employee Representatives ,
Final Rules ,
Inspections ,
New Regulations ,
OSHA ,
Safety Inspections ,
Third-Party ,
Workplace Hazards ,
Workplace Safety
Employers of salaried workers beware — you may soon have to give raises to members of your workforce in order to keep them exempt from overtime entitlement.
On August 30, 2023, the U.S. Department of Labor (DOL)...more
On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more
3/7/2023
/ Audits ,
Compensation ,
Compliance ,
Day Laborers ,
Department of Labor (DOL) ,
Employee Definition ,
Energy Sector ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Independent Contractors ,
Over-Time ,
Proposed Rules ,
SCOTUS ,
Unpaid Overtime ,
Wage and Hour
The Department of Labor has issued a new proposed rule to provide guidance on the classification of independent contractors and employees under the Fair Labor Standards Act and as discussed by Foley’s Labor and Employment...more
President Biden is ramping up measures aimed at slowing the spread of COVID-19. He announced a series of new actions on September 9, 2021, including a plan to require all employers with 100 or more employees to ensure their...more
9/29/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Healthcare Workers ,
New Guidance ,
OSHA ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Reasonable Accommodation ,
Religious Exemption ,
Service Contract Act ,
Vaccinations ,
Virus Testing
As we have previously discussed, last spring’s Families First Coronavirus Response Act (FFCRA) was designed to provide temporary paid leave benefits due to COVID-19 for employees of U.S. employers with fewer than 500...more
Following up on its release of a proposed rule issued in September 2020, the DOL finalized new regulations on classifying independent contractors that it suggests will provide clarity for employers. On January 6, 2021, the...more
Ensuring the proper classification of workers is a concern for many employers. Soon, it may become easier for employers to classify workers as independent contractors, thereby excluding more workers from overtime pay under...more
This week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more
As we previously reported, on August 3, 2020, the U.S. District Court for the Southern District of New York (“the District Court”) struck down four provisions of the Department of Labor’s (DOL) “Final Rule” regarding the...more
9/15/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Health Care Providers ,
Intermittent Leave ,
New York ,
Paid Leave ,
Remote Working ,
Work Availability Requirement
Last week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more
On July 27, 2020 we published a client alert about the DOL’s Q&A on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and the Families First...more
As COVID-19 continues to prompt many school districts and daycare centers to remain closed for on-site instruction and care this Fall, this creates a serious dilemma for working parents. Employers are struggling to meet...more
On Monday, August 3, 2020, the U.S. District Court for the Southern District of New York vacated several significant provisions of the U.S. Department of Labor’s (DOL) “Final Rule” regarding the Families First Coronavirus...more
On July 20, 2020, the Department of Labor (DOL) released three updated, new and separate questions and answers on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor...more
On June 26, 2020, the U.S. Department of Labor (DOL) issued several unrelated opinion letters dealing with non-COVID wage and hour issues.
Specifically, two of the opinion letters, FLSA2020-6 and FLSA2020-8, deal with the...more
As we previously reported, on April 1, 2020, the U.S. Department of Labor (“DOL”) released a temporary rule (“the Rule”), at 29 C.F.R. § 826, regarding administration of the paid leave provisions in the Families First...more
As we previously reported, on April 1, 2020, the U.S. Department of Labor (“DOL”) released a temporary rule (“the Rule”), at 29 C.F.R. § 826, regarding administration of the paid leave provisions in the Families First...more
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law on Friday March 27, 2020, expands the scope of individuals who are eligible for unemployment benefits, including those who are “furloughed”...more
The U.S. Department of Labor’s Wage and Hour Division (“DOL”) published additional Q&As regarding the Families First Coronavirus Response Act (“the Act”) on March 26, 2020, which address some of the open issues regarding the...more
The U.S. Department of Labor’s Wage and Hour Division (“DOL”) issued a third installment of new Q&As regarding the Families First Coronavirus Response Act (“the Act”) on March 28, 2020. Foley’s Coronavirus Task Force...more
The U.S. Department of Labor’s Wage and Hour Division (WHD) announced its first set of guidance for employees and employers on the Families First Coronavirus Response Act (FFCRA) just before midnight on March Tuesday, March...more
On March 20, 2020, the Departments of Treasury and Labor issued joint guidance with preliminary information to assist employers plan for the financial impact of the Families First Coronavirus Response Act (the “Act”). The...more
A significant amount of legal activity has taken place recently in the area of joint employment. Joint employment exists when more than one entity is deemed to be a worker’s employer. Typically, a direct employer and a...more
2/6/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Franchisee ,
Franchises ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
NLRB ,
Wage and Hour