On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor. FLSA...more
10/12/2022
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National...more
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
10/12/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Comment Period ,
Conciliation ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Labor Reform ,
Labor Regulations ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Title VII
The federal government recently released its unified federal regulatory agenda–the document that outlines regulatory and deregulatory actions agencies expect to take in coming months....more
7/8/2020
/ Affirmative Action ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Federal Contractors ,
Independent Contractors ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Agenda ,
Rulemaking Process ,
Wage and Hour
Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal...more
3/10/2020
/ ABC Test ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Popular ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA). The final rule is scheduled to be published in the...more
2/27/2020
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
The battle over the scope and applicability of the so-called “ABC test” in determining California employers’ potential liability under wage and hour and other state labor laws continues unabated....more
1/24/2020
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Labor Laws ,
Franchises ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision....more
1/22/2020
/ ABC Test ,
CA Supreme Court ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Petition for Review ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On January 13, 2020, the U.S. Department of Labor (DOL) released its long-awaited final rule regarding joint-employer status under the Fair Labor Standards Act (FLSA). The final rule is scheduled to be published in the...more
1/14/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Regulations ,
Rulemaking Process ,
Wage and Hour
The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal...more
11/21/2019
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
GINA ,
Joint Employers ,
Labor Regulations ,
NLRA ,
NLRB ,
Pay Equity Laws ,
Private Property ,
Regulatory Agenda ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Organizers ,
Wage and Hour ,
Wellness Programs
As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...more
11/14/2019
/ Ban the Box ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Criminal Background Checks ,
Department of Labor (DOL) ,
EEO-1 ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Form I-9 ,
Gender-Based Pay Discrimination ,
Health Insurance ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Local Ordinance ,
Marijuana ,
Minimum Wage ,
New Legislation ,
NLRB ,
Paid Time Off (PTO) ,
Pay Gap ,
Popular ,
Raids ,
Rulemaking Process ,
Salary/Wage History ,
Smoking Bans ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
In 2018, the Supreme Court of California turned much of the established law regarding worker classification on its head with its decision in Dynamex Operations West Inc. v. Superior Court....more
7/19/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Franchises ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Vicarious Liability
On June 24, 2019, the Department of Labor made public its long-awaited proposed rule establishing a process for DOL to advance the development of Industry-Recognized Apprenticeship Programs (IRAPs). On the same day, DOL...more
The federal government’s Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions (regulatory agenda), which provides insight into federal agencies’ priorities for the near and long term, was released on May 22,...more
5/28/2019
/ Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
GINA ,
H-1B ,
Joint Employers ,
Labor Regulations ,
NLRB ,
OFCCP ,
OSHA ,
Rate of Pay ,
Regulatory Agenda ,
Request For Information ,
Rulemaking Process ,
Tips ,
TRICARE ,
Wage and Hour ,
White-Collar Exemptions
On April 25, 2019, the U.S. District Court for the District of Columbia ordered the U.S. Equal Employment Opportunity Commission (EEOC) to collect detailed data on employee compensation and hours worked from covered employers...more
4/26/2019
/ Civil Rights Act ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Title VII ,
Wage and Hour
On March 4, 2019, the U.S. District Court for the District of Columbia surprised the employer community by vacating the White House Office of Management and Budget's (OMB) stay of the revised EEO-1 form’s pay data reporting...more
3/6/2019
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour