Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more
7/30/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Labor Regulations ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
NLRA ,
NLRB ,
OSHA ,
Over-Time ,
SCOTUS ,
Starbucks Corp. v McKinney ,
Statutory Interpretation
As 2024 gets underway, the nonprofit sector will continue to face new challenges in addition to grappling with ongoing challenges that continue to impact the sector. Our interdisciplinary team, serving thousands of nonprofits...more
3/5/2024
/ 501(c)(3) ,
501(c)(4) ,
Artificial Intelligence ,
California Privacy Protection Agency (CPPA) ,
Compliance ,
Crowdfunding ,
Department of Labor (DOL) ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Fundraisers ,
Independent Contractors ,
Intellectual Property Protection ,
IRS ,
Liability ,
Machine Learning ,
NAICS ,
Nonprofits ,
Office of Foreign Assets Control (OFAC) ,
Privacy Laws ,
Ransomware ,
SNDAs ,
Tax Exemptions
This week, the US Department of Labor (DOL) issued a final rule — Federal Register: Employee or Independent Contractor Classification Under the Fair Labor Standards Act — that provides new guidance on how to distinguish...more
Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more
9/25/2023
/ Data-Sharing ,
Department of Labor (DOL) ,
Employee Rights ,
Employees ,
Employment Discrimination ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Investigations ,
Memorandum of Understanding ,
Misclassification ,
Pay Discrimination ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Retaliation ,
Training ,
Wage and Hour
We’ve reported on Virginia’s first-in-the-nation, state-wide, permanent COVID-19 workplace standard. Last month, concluding that COVID-19 “no longer poses a ‘grave danger’ to employees,” the state’s Safety and Health Codes...more
In March 2020, the Department of Labor issued a rule billed as a measure designed to increase labor union financial transparency.
Generally, it required unions with $250,000 or more in total annual receipts -- which must...more
It’s not uncommon for a worker to perform services for an employer – A – that simultaneously benefits another person – B. (Under the FLSA, “person” means “any individual, partnership, association, corporation, business trust,...more
Yesterday, the Department of Labor reported its decision to withdraw a rule, announced on January 6, 2021, distinguishing between employees and independent contractors under the FLSA.
The Rule, which we covered in a...more
In a new Field Assistance Bulletin (FAB), the Wage and Hour Division announced that it will return to pursuing liquidated damages from employers found due in its pre-litigation investigations provided that the Regional...more
On January 21, 2021, the Biden Administration issued an Executive Order outlining its objectives with respect to worker health and safety during the ongoing COVID-19 pandemic.
The Order reflects President Biden’s promises...more
2/22/2021
/ Anti-Retaliation Provisions ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Guidance Update ,
Health and Safety ,
Masks ,
OSH Act ,
OSHA ,
Remote Working ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In brief: A sharp pivot toward employee- and union-friendly executive actions and legislation. Here’s what we mean.
Executive Order 13950 -
As we’ve reported, President Biden Revokes Executive Order 13950 | Arent Fox,...more
2/10/2021
/ Anti-Retaliation Provisions ,
Arbitration ,
Biden Administration ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Definition ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Healthcare Workers ,
Mediation ,
Mine Safety and Health Administration (MSHA) ,
Minimum Wage ,
NLRA ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Prevailing Wages ,
Taft-Hartley Act ,
Unions ,
Wage and Hour ,
Workplace Safety
On December 31, 2020, the Administrator of the Department of Labor’s Wage and Hour Division issued an opinion letter addressing whether certain travel time that occurs on a partial telework day is compensable under the FLSA....more
On December 7, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a rule clarifying the scope of the religious exemption under Executive Order 11246 (EO 11246), which requires equal...more
On November 3rd, the Department of Labor’s Wage and Hour Division published an opinion letter addressing whether the FLSA requires employers to pay non-exempt employees for time that they spend in voluntary training...more
The National Urban League and the National Fair Housing Alliance have sued the Trump Administration, seeking to enjoin Executive Order 13950 as unconstitutional.
Yesterday, two civil rights organizations – the National...more
Government contractors may wish to seek further legal review of all diversity and inclusion training materials used.
On September 22, 2020, the White House issued Executive Order 13950, entitled “Executive Order on...more
Yesterday, the US Department of Labor’s Wage and Hour Division proposed a new rule designed to “bring clarity and consistency to the determination of who’s an independent contractor under the Fair Labor Standards...more
It’s not uncommon for a worker to perform services for an employer – A – that simultaneously benefit another person – B.
(Under the FLSA, “person” means “any individual, partnership, association, corporation, business...more
9/15/2020
/ Administrative Procedure ,
Business Model ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
New Rules ,
New York ,
SCOTUS ,
Staffing Agencies ,
Subcontractors ,
Supervisors
The Administrator of the U.S. Department of Labor’s Wage and Hour Division (the WHD) issued an Opinion Letter on August 31, 2020, holding that an employee’s work hours do not have to fluctuate above and below 40 per workweek...more
The US Department of Labor’s Wage and Hour Division announced a policy change that is sure to please employers facing administrative FLSA back wages claims. Effective on July 1, 2020, the Division will cease to routinely...more
On April 27, 2020, the US Department of Labor (DOL) issued Unemployment Insurance Program Letter No. 18-20 (the Guidance) to provide states with instructions on implementing the emergency unemployment relief provisions in...more
We previously reported on how the federal Worker Adjustment and Retraining Notification Act (WARN) and its state law equivalents would apply to layoffs, furloughs, and closings during the coronavirus pandemic.
The US...more
On March 24th, the Department of Labor’s Wage and Hour Division issued its first round of guidance regarding the Families First Coronavirus Response Act.
The new guidance includes two new posters, one for federal workers...more