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Biden Names Charlotte Burrows as EEOC Chair

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

What to Expect in Labor and Employment Law Under the Biden Administration

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

President-Elect Biden Releases COVID-19 Economic Stimulus Proposal

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

DOL Simplifies Independent Contractor Analysis in Final Rule

On January 6, 2021, the U.S. Department of Labor (DOL) finalized its highly anticipated independent contractor rule.  The rule delivers on the DOL’s promise to simplify, clarify and harmonize the factors for determining when...more

Federal Court Issues Nationwide Injunction of Executive Order on Diversity and Inclusion Training

On December 22, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction banning the enforcement of Executive Order 13950, which seeks to prohibit purported...more

Congress Set to Approve Additional COVID-19 Relief for Individuals, Small Businesses

As 2020 draws to a close, Congress appears to be on track to approve a final round of COVID-19 relief before adjourning until January 2021.  This final package is expected to include direct payments to individuals; extension...more

EEOC Issues Guidance on COVID-19 Vaccination Policies

On December 16, 2020, the U.S. Equal Employment Opportunity Commission issued much-anticipated guidance to employers considering COVID-19 vaccination programs for their employees as to their obligations under federal civil...more

California Provides Additional Guidance on Employee Pay Data Reporting

On November 23, 2020, the California Department of Fair Employment and Housing issued additional guidance for employers regarding their requirement to file employee compensation data with the state beginning in March of next...more

Littler WPI’s Election Report: How Voters Have Shaped Workplace Policy

Although the 2020 presidential election is technically behind us, razor-thin and contested elections for the presidency and Congress remain, potentially drawing out the uncertainty through the new year. As of the date of...more

California’s Proposition 22: Impacts in the Golden State and Beyond

Of the over 100 different ballot initiatives under consideration across the United States in the recent election, California’s Proposition 22 stands alone.  The measure was perhaps the most significant initiative voters...more

California Offers Limited Guidance on New Pay Data Reporting Requirements; Further Guidance Expected

On November 2, 2020, the California Department of Fair Employment and Housing (DFEH) released Frequently Asked Questions providing limited guidance to employers as to how to comply with their obligations for filing employee...more

OFCCP Issues Voluntary Request for Information Regarding Diversity and Inclusion Programs

On October 21, 2020, the Office of Federal Contract Compliance released a Request for Information (RFI) relating to federal contractor and subcontractor training, and the recently issued Executive Order 13950. That order,...more

EEOC Proposes Conciliation Procedures Rule

The U.S. Equal Employment Opportunity Commission has issued a proposed rule addressing conciliation based on the various laws it enforces, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities...more

OFCCP Releases FAQs on Diversity and Inclusion Executive Order

On October 7, 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released Frequently Asked Questions under the recent Executive Order 13950 regarding diversity and inclusion programs...more

AB 5 Update: Newspaper Carriers Secure (Another) One-Year Exception

As business owners and members of the labor and employment law community know all too well, California’s AB 5 went into effect on January 1 of this year.  The law imposed the “ABC test” for determining whether a worker should...more

A Closer Look at Trump’s Latest SCOTUS Nominee: Judge Amy Coney Barrett

On Saturday, September 26, President Trump nominated Judge Amy Coney Barrett to fill the vacancy on the bench occasioned by the death of Justice Ruth Bader Ginsburg. Barrett, who sits on the U.S. Court of Appeals for the...more

New Executive Order Seeks to Regulate Diversity Training by Federal Contractors and Grant Recipients

On September 22, 2020, the White House released a new executive order, On Combating Race and Sex Stereotyping.  Among other things, the order instructs government contracting agencies to add provisions to government contracts...more

WPI Labor Day Report 2020

Introduction - Prior Workplace Policy Institute (WPI) Labor Day Reports focused on key employment developments and trends to provide employers with insight on the state of work and what to expect in the coming year....more

What Hospitality Employers Can Expect to See in Employment Law if Vice President Biden Wins the Election

While no one knows what the outcome of the presidential election will be, if Vice President Biden is elected, hospitality employers should expect to see the following labor and employment issues front and center: A call to...more

California Poised to Enact Law Requiring Compensation Data Collection

It appears that employers in the Golden State will be required, starting next year, to collect and submit worker compensation data to the state.  Senate Bill 973 (SB 973) has cleared both houses of the state legislature, and...more

Treasury Department Issues Guidance on Payroll Tax Deferral

On August 28, 2020, the U.S. Department of the Treasury issued guidance for employers with respect to the deferral of the employee portion of certain payroll taxes.  This guidance stems from a presidential memorandum issued...more

AB 5 Update: AB 2257 Would Amend California Independent Contractor Law

AB 5, California’s sweeping and landmark independent contractor law, became effective on January 1, 2020. By January 6, bills were already being introduced to amend the law. At one time, more than 30 such bills were...more

White House Takes Executive Action on Unemployment Insurance, Payroll Taxes

On August 8, 2020, the president signed several executive memoranda and an order addressing the continued economic havoc of the COVID-19 pandemic, two of which are of direct interest to employers....more

Senate Republicans Unveil Latest COVID-19 Response Legislation

On July 27, 2020, Republican leadership in the U.S. Senate unveiled its latest legislative response to the COVID-19 pandemic, the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act.  The bill represents...more

A Return to Workplace Civility: The NLRB Adopts the Wright Line Burden-Shifting Approach to Section 7 Speech

During a pandemic, protests, and a polarized election season, employers have walked an ever-increasingly fine line between protecting employee speech in the workplace and enforcing rules on workplace conduct....more

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