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DEI Injunction Terminated by Federal Court of Appeals Reinstating DEI Certification Requirement and Civil False Claims Act Risk

As previously reported, one of the first executive orders (EO 14173) issued by President Trump was to rescind Executive Order 11246, issued by President Lyndon B. Johnson, which required federal contractors and subcontractors...more

President Trump Ends Affirmative Action Requirements for Federal Contractors

Amidst a flurry of employment-related executive orders issued during the first few days of the new administration, on January 21, 2025, President Trump signed an executive order titled Ending Illegal Discrimination and...more

DOL Extends Deadline for Submission of Proposed OSHA Heat Standard Comments Into January — But This Rule Is Likely DOA

As frigid temperatures descend upon much of our country, heat standards may be the last thing on employers’ minds. Perhaps it was for this reason that the Department of Labor (DOL) extended the comment period associated with...more

BEWARE: Compensating Employees With Equity Alone Likely Violates the Fair Labor Standards Act

Share on Twitter Print Share by Email Share Back to top In recent years, the practice of offering equity to compensate employees has gained traction, especially among startups and tech companies. Equity-based compensation,...more

FTC Finalizes Rule Against Employee Noncompetes

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

OFCCP AAP Certification Contractor Portal is NOW OPEN

On March 25, 2024, the U.S. Department of Labor (DOL) issued its annual notice that the Office of Federal Contract Compliance Programs (OFCCP) Contractor Portal, for certification of contractor affirmative action program...more

For Federal Contractors: OFCCP Portal Open for Business to Certify 2023 Affirmative Action Program Compliance

On March 20th, the Department of Labor (DOL) issued its annual notice that the Office of Federal Contract Compliance Programs (OFCCP) Contractor Portal for certification of contractor affirmative action program compliance...more

There Is a New OSHA Coming to Town — And It Is About to Get Real (Expensive)

Since the Biden Administration assumed control in 2021, the Department of Labor (DOL) has been increasingly focused on enforcement. That is particularly true when it comes to safety and health in the workplace, as enforced by...more

Mandatory Vaccination Programs – A U.S. Requirement?

Earlier this evening, the President of the United States announced a series of actions aimed at confronting the COVID-19 pandemic. For one thing, President Biden stated he is signing an Executive Order requiring all...more

Update: Department of Labor Issues FAQs on President Trump’s Executive Order

As we reported on September 22, 2020, President Trump issued a new Executive Order on Combating Race and Sex Stereotyping (the “Order”) applicable to federal contractors and subcontractors. That order specifically prohibited...more

Department of Labor Doubles Down and Largely Reaffirms Limitations on FFCRA Leave, But Narrows Health Care Provider Exclusion

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

DOL Issues New Q&As on COVID-19 and the FFCRA as of August 27, 2020

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

Employee Leave for Childcare This Fall As School Closures Ramp Up

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

DOL Issues New Guidance on COVID-19, the FFCRA, the FMLA and the FLSA

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

Is Federally Mandated Paid Leave Coming in 2021?

Last week (on July 15, 2020), the U.S. Department of Labor’s Women’s Bureau issued a Request for Information. According to the request, the Bureau is asking workers, employers, researchers and stakeholders to provide...more

Department of Labor Updates Q&A’s for the Families First Coronavirus Response Act

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

Department of Labor Corrects Temporary Rule and Provides Additional Q&A Regarding Families First Coronavirus Response Act

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

U.S. Department of Labor Issues Additional Guidance on Families First Coronavirus Response Act

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

U.S. Department of Labor Issues Third Installment of Q&As on Families First Coronavirus Response Act

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

U.S. Department of Labor Issues Families First Coronavirus Response Act Guidance

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

Treasury, IRS and DOL Provide Information on Families First Coronavirus Response Act

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

Meal Break Abuse – Is It Okay to Dock Pay?

How many readers have confronted the following scenario: Employer provides a paid meal break to its employees (for ease of application, we are going to suggest the paid meal break is 30 minutes in length); Employees...more

I Want To Dock My Employee’s Wages Because She Broke Her Laptop – Okay?

The answer to this question depends – is the employee exempt or non-exempt? And, if non-exempt, will the deduction reduce her compensation below the minimum wage or affect her overtime compensation?...more

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