On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP), the Department of Labor sub-agency charged with enforcing affirmative action and non-discrimination requirements imposed on federal contractors...more
9/1/2021
/ Affirmative Action ,
Corporate Counsel ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Non-Discrimination Rules ,
OFCCP ,
Pay Data ,
Pay Discrimination ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
On July 29, 2021, President Joseph R. Biden announced new requirements for federal employees and onsite federal contractors regarding vaccination status, masking, and social distancing....more
8/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Executive Orders ,
Federal Contractors ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Public Health ,
Vaccinations ,
Workplace Safety
On July 29, 2021, the U.S. Department of Labor announced it was formally rescinding regulations issued by the prior administration defining “joint employer” status under the Fair Labor Standards Act (FLSA). ...more
On July 9, 2021, President Biden issued his Executive Order on Promoting Competition in the American Economy. Earlier in the day, the White House issued a press release announcing that the anticipated order would, “[m]ake it...more
On June 11, 2021, the federal government released its unified federal regulatory agenda for spring 2021, which outlines regulatory and deregulation actions agencies expect to take in the coming months....more
6/17/2021
/ Corporate Counsel ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Deregulation ,
Fair Labor Standards Act (FLSA) ,
Health and Safety ,
Joint Employers ,
Labor Regulations ,
Minimum Wage ,
Regulatory Agenda ,
Tipped Employees ,
Tips ,
Wage and Hour
Dear Littler: We are a retail chain on the West Coast and are almost back to pre-COVID-19 operational levels. Now that vaccines are widely available, we’re hoping our workforce (and the public!) will soon be fully vaccinated....more
6/14/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Public Health ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On May 28, President Biden released his $6 trillion budget proposal for the 2022 fiscal year. While final spending decisions are decided by Congress, the president’s budget submission typically provides a general idea of...more
On May 26, 2021, President Joseph R. Biden nominated Gwynne Wilcox to fill an open seat on the National Labor Relations Board. Wilcox is currently a senior partner at a labor-side labor and employment firm, and is assistant...more
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) provided its first comprehensive update of its guidance since December 2020 (before COVID-19 vaccinations were broadly available) regarding COVID-19. ...more
6/1/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On May 6, 2021, the U.S. Department of Labor formally withdrew final regulations promulgated earlier this year under the prior administration which set forth, for the first time by way of an Administrative Procedure Act...more
5/14/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Wage and Hour
In September 2020, then-candidate Joe Biden promised organized labor that, if elected, he would be the “strongest labor president you’ve ever had.” In his first 100 days in office, now President Biden has acted quickly and...more
5/4/2021
/ Biden Administration ,
Collective Bargaining ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Federal Contractors ,
Infrastructure ,
Labor Reform ,
Labor Regulations ,
LGBTQ ,
Minimum Wage ,
NLRA ,
Tip Credit ,
Tipped Employees ,
Unions ,
Wage and Hour
On April 27, 2021, President Joseph R. Biden issued an executive order increasing the minimum wage for workers working on or in connection with a federal government contract. Under the order, federal contractors will be...more
4/29/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
President Biden continues to make good on his campaign promise to be the most labor-friendly president ever. On April 26, 2021, he issued an executive order that seeks to increase union organization and strengthen the hand...more
Marking the occasion of the 200 millionth COVID-19 vaccine shot administered, President Joe Biden called on employers to provide paid time off to employees to get vaccinated and touted the federal government’s tax credit for...more
On March 31, 2021, President Biden unveiled his $2 trillion infrastructure plan, the American Jobs Plan (AJP), which comes on the heels of the enactment of last month’s $1.9 trillion COVID-recovery legislation, the American...more
Executive Summary -
The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19...more
On March 11, 2021, President Biden signed H.R. 1319, the American Rescue Plan Act of 2021, which extends tax credits for private employers with 499 or fewer U.S. employees that voluntarily decide to provide emergency paid...more
3/18/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Coronavirus/COVID-19 ,
EFMLA ,
Employee Benefits ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Infectious Diseases ,
New Legislation ,
Paid Family Leave Law ,
Relief Measures ,
Sick Leave ,
Tax Credits ,
Tax Planning
On March 11, 2021, the U.S. Department of Labor (“DOL” or “the Department”) announced proposals to roll back two Trump administration regulations under the Fair Labor Standards Act (“FLSA” or “the Act”)....more
3/12/2021
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Misclassification ,
Wage and Hour
On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act of 2021 (PRO Act) by a largely party-line vote of 225-206. One Democratic Representative voted against the bill; five...more
3/11/2021
/ Arbitration Agreements ,
Collective Bargaining Agreements (CBA) ,
Employee Rights ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
NLRA ,
Proposed Legislation ,
Unions ,
Wage and Hour
On March 6, 2021, the U.S. Senate passed its version of President Biden’s “American Rescue Plan” by a vote of 50-49 (Vice President Kamala Harris was prepared to cast a tie-breaking vote in favor of the bill). All Senate...more
3/9/2021
/ Biden Administration ,
CARES Act ,
COBRA ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Infectious Diseases ,
Legislative Agendas ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Tax Credits ,
Unemployment Insurance
On February 1, 2021, the California Department of Fair Employment and Housing (DFEH) posted a User Guide, Excel template, and .CSV example to facilitate the submission of the newly required pay data report (Pay Data Report)...more
President Biden signed a flurry of executive orders on January 20, 2021, his first day in office, a number of which rescinded or revised the prior administration’s executive orders and policies with regard to equity in the...more
1/25/2021
/ Bias ,
Biden Administration ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
LGBTQ ,
OFCCP ,
Race Relations ,
Regulatory Reform ,
Sexual Stereotyping ,
Title VII ,
Transgender
On January 21, 2021, President Biden designated Commissioner Charlotte Burrows (D) as the new chair of the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”). Burrows replaces outgoing Republican Chair...more
In November 2020, Littler’s Workplace Policy Institute (WPI) published its Election Report, a deep dive into the myriad labor and employment policy questions potentially in play depending on the outcome of the election. The...more
1/20/2021
/ Administrative Appointments ,
Biden Administration ,
Congressional Review Act ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Hazard Pay ,
Infectious Diseases ,
Labor Reform ,
Minimum Wage ,
Unemployment Insurance ,
Wage and Hour
On January 14, 2021, President-elect Joseph R. Biden, Jr. released his administration’s plan for additional COVID-19 economic relief. The $1.9 trillion package includes a range of measures to address the continued...more
1/19/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Hazard Pay ,
Infectious Diseases ,
Legislative Agendas ,
Minimum Wage ,
OSHA ,
Relief Measures ,
Unemployment Benefits ,
Wage and Hour