The new rule makes it more difficult under federal law to classify workers as independent contractors.
The new rule adopts the six-factor economic realities test, rather than the more stringent “ABC” test adopted by...more
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
2/16/2023
/ Anti-Retaliation Provisions ,
Antitrust Violations ,
Comment Period ,
Contractors ,
Corporate Counsel ,
Criminal Antitrust Anti-Retaliation Act of 2015 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Federal Contractors ,
Interim Final Rules (IFR) ,
OSHA ,
Policies and Procedures ,
Proposed Rules ,
Sherman Act ,
Whistleblowers
On October 11, 2022, the United States Department of Labor (DOL) released a proposed rule setting forth a new test for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards...more
On November 22, 2021, the U.S. Department of Labor issued a Final Rule that will increase the minimum wage for employees who work on federal contracts. The Final Rule implements Executive Order 14026, which President Biden...more
On October 28, 2021, the United States Department of Labor (DOL) announced a new rule affecting employers with tipped employees. The rule limits the circumstances under which employers may take a “tip credit” against an...more
11/1/2021
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Food Service Workers ,
Hospitality Industry ,
Labor Regulations ,
New Rules ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
On September 24, 2021, the U.S. Department of Labor (DOL) issued a new final rule strengthening the enforcement provisions of existing regulations concerning tipped employees. While various regulations relating to tipped...more
On September 9, 2021, President Biden unveiled his administration’s plan to combat the recent COVID-19 surge across the United States, referred to by the administration as the “Path out of the Pandemic.” The plan, in...more
9/13/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Healthcare Workers ,
OSHA ,
Vaccinations ,
Workplace Safety
On July 29, 2021, the Department of Labor (“DOL”) announced that it will rescind a Trump administration rule that limited the circumstances in which multiple employers could be deemed “joint” employers of the same employee....more
On May 28, 2021, Massachusetts Governor Charlie Baker signed into law legislation requiring all Massachusetts employers to provide emergency paid sick leave to employees who are unable to work for certain reasons relating to...more
6/4/2021
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Full-Time Employees ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Paid Sick Leave Act ,
Part-Time Employees ,
Sick Leave ,
State Labor Laws
On May 5, 2021, the United States Department of Labor (DOL) issued a final rule rescinding a 2020 rule promulgated by the Trump administration that made it easier for workers to be classified as independent contractors rather...more
5/14/2021
/ Biden Administration ,
Classification ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Trump Administration
On May 5, 2021, New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act into law, which will require New York State employers to implement workplace health and safety standards to protect their...more
5/12/2021
/ Compliance ,
Coronavirus/COVID-19 ,
Covered Employer ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Failure to Comply ,
Governor Cuomo ,
Health and Essential Rights (HERO) Act ,
Infectious Diseases ,
Mandatory Requirements ,
New York ,
Policies and Procedures ,
Workplace Safety
On April 7, 2021, the Department of Labor (“DOL) released a series of Frequently Asked Questions with clarifying information about the American Rescue Plan Act of 2021’s (“ARPA”) extended subsidy period for COBRA premium...more
UPDATE: The Biden administration has announced that the implementation of this rule will be delayed by 60 days to provide for further review. Originally scheduled to go into effect on March 1, 2021, the rule now has an...more
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued detailed health and safety guidance to inform employers and employees of recommended strategies to mitigate the risk of exposure to...more
2/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Executive Orders ,
Health and Safety ,
New Guidance ,
New Legislation ,
OSHA ,
Reporting Requirements ,
Workplace Safety
On January 21, 2021, President Joe Biden used his first full day in office to issue an Executive Order focused on increased COVID-19 protections for the nation’s workers, including the most vulnerable essential employees. As...more
1/26/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Actions ,
Executive Orders ,
Health and Safety ,
New Guidance ,
New Legislation ,
OSHA ,
Workplace Safety
On April 3, 2020, New York Governor Andrew Cuomo signed into law the New York State Paid Sick Leave Law, which provides New York-based employees with up to 56 hours of paid sick leave per year. Covered employees began...more
On December 22, 2020, the U.S. Department of Labor (DOL) issued a final rule revising certain regulations under the Fair Labor Standards Act (FLSA) related to tipped employees. However, because of the timing of the new rule,...more
12/30/2020
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hospitality Industry ,
Minimum Wage ,
New Rules ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour
On September 22, 2020, the U.S. Department of Labor (DOL) unveiled its long-awaited proposed independent contractor rule. The new rule sets forth a new standard for determining whether a worker can be classified as an...more
Responding to a recent New York federal court decision invalidating certain of its regulations interpreting the paid leave provisions of the Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor (DOL)...more
9/22/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Furloughs ,
Intermittent Leave ,
Layoffs ,
New Guidance ,
Paid Leave ,
Remote Working ,
Sick Leave ,
Work Availability Requirement
Spurred by the uptick in remote work due to the ongoing COVID-19 pandemic, the U.S. Department of Labor ("DOL") recently issued a new Field Assistance Bulletin clarifying employers’ obligations to pay hourly, non-exempt...more
In March 2020, Congress enacted the Families First Coronavirus Response Act (FFCRA), which provided emergency paid sick leave (EPSL) and emergency paid family medical leave (EPFML) to millions of workers needing time off for...more
8/6/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EPSLA ,
Essential Workers ,
Families First Coronavirus Response Act (FFCRA) ,
Final Rules ,
Health Care Providers ,
Intermittent Leave ,
Medical Leave ,
Paid Leave ,
Required Documentation
On Wednesday, July 8, 2020, the Supreme Court weighed in on whether religious employers are required to offer their employees health plans that include contraceptive coverage. In its opinion in Little Sisters of the Poor v....more
7/14/2020
/ Administrative Authority ,
Administrative Procedure Act ,
Appeals ,
Contraceptive Coverage Mandate ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Employer Mandates ,
Employer Rights ,
Injunctive Relief ,
Little Sisters of the Poor Saints Peter and Paul Home v Pennsylvania ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Reversal ,
SCOTUS ,
Trump v Pennsylvania ,
U.S. Treasury
On May 20, 2020, the United States Department of Labor (DOL) released a Final Rule authorizing employers that use the “fluctuating workweek” method for calculating employees’ regular rates of pay to award employees additional...more
On May 18, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a final rule eliminating a list of businesses prohibited from taking advantage of the commission sales exemption to the overtime...more
Since Congress’s quick passage of the Families First Coronavirus Response Act (FFCRA) in late March, the Department of Labor has continued to issue guidance interpreting this new law. While the Department published its...more