In the case of Ryan LLC v. Chamber of Commerce of the United States of America, et al., Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued an order with “nationwide effect” on August 20,...more
8/26/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employees ,
Employer Liability Issues ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Lack of Authority ,
Non-Compete Agreements ,
Regulatory Authority ,
Set-Asides ,
Statutory Authority ,
Texas
The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Cariene Cadena v. Customer Connexx LLC on July 10, 2024, reversing the U.S. District Court for the District of Nevada’s summary judgment ruling in favor of...more
The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA)...more
1/17/2024
/ ABC Test ,
Classification ,
Commercial Litigation ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
New Rules ,
Rulemaking Process ,
Wage and Hour
On June 29, 2023, the U.S. Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of...more
7/6/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Equal Protection ,
Federal Contractors ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII ,
Universities
Artificial Intelligence (AI) and automated systems can increase efficiency and help reduce human error. However, the National Institute of Standards and Technology (NIST), the White House, and the Equal Employment Opportunity...more
2/20/2023
/ Artificial Intelligence ,
Automation Systems ,
Bias ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
New Hires ,
NIST ,
Popular ,
Strategic Planning
The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (the Proposed Rule) on October 13, 2022, that proposes guidance on determining employee or independent contractor classification under the Fair...more
Employers who share information with competitor employers about employee compensation, including wages and benefits, face greater risks of government investigations into violations of antitrust laws. The U.S. Department of...more
9/21/2022
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Violations ,
Compensation ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Settlement ,
Unfair Competition ,
Wage and Hour
On December 7, 2021, a federal district court in Georgia issued a nationwide injunction blocking the federal contractor vaccine mandate and other protocols. In a 28-page decision, the district court determined that the...more
12/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employees ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Subcontractors ,
Vaccinations ,
Virus Testing
On October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance related to the COVID-19 pandemic, adding a brand-new section addressing religious objections to COVID-19 vaccine...more
11/2/2021
/ Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Religious Accommodation ,
Religious Beliefs ,
Vaccinations ,
Workplace Safety
The Department of Labor (DOL) announced in May 2021 that it was withdrawing the rule called “Independent Contractor Status Under the Fair Labor Standards Act.” As anticipated, the Biden administration rescinded this Trump-era...more
5/13/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Gig Economy ,
Independent Contractors ,
Multi-Factor Test ,
Revocation ,
Trump Administration
Colorado’s Equal Pay for Equal Work Act, SB19-085 (the Equal Pay Act), went into effect on January 1, 2021. Colorado’s new law follows a string of laws in other states seeking to expand the protections related to equal pay,...more
3/12/2021
/ Department of Labor (DOL) ,
Dormant Commerce Clause ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Pay ,
Equal Pay Act ,
First Amendment ,
Injunctive Relief ,
Job Applicants ,
New Legislation ,
Pay Transparency ,
State and Local Government ,
State Labor Laws
On January 7, 2021, the U.S. Department of Labor (DOL) issued its highly anticipated final rule codifying its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA). The final rule comes in...more
The U.S. Department of Labor (DOL) will see significant changes under a Biden administration. However, the nature and the degree of those changes will depend heavily on how Biden fills senior roles not only at DOL but also in...more
11/13/2020
/ Biden Administration ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Independent Contractors ,
OFCCP ,
OLMS ,
OSHA ,
Pay Discrimination ,
Trump Administration