On Friday, June 28, the U.S. Supreme Court overruled Chevron, USA Inc. v. Natural Resources Defense Council. Chevron often required courts to defer to federal agencies when those agencies were interpreting statutes they...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Government Agencies ,
Judicial Authority ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation ,
White-Collar Exemptions
The U.S. Department of Labor published a final rule on January 9, 2024, defining “independent contractor” under the Fair Labor Standards Act (FLSA). The final regulation rescinds a 2021 rule defining the same term. In place...more
1/9/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Wage and Hour
On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” to address the growing concerns surrounding the use of artificial...more
11/1/2023
/ Algorithms ,
Artificial Intelligence ,
Best Practices ,
Bias ,
Biden Administration ,
Employer Liability Issues ,
Employment Discrimination ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Innovative Technology ,
Machine Learning ,
Regulatory Reform
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 March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more
3/16/2022
/ Administrative Procedure Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Over-Time ,
Statutory Violations ,
Wage and Hour
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 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
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
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
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 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
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
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
On April 1, 2019, the U.S. Department of Labor released a Notice of Proposed Rulemaking (NPRM) on joint employment under the Fair Labor Standards Act—the third proposed rule published by the agency in the last two weeks....more
The latest Unified Agenda of Regulatory and Deregulatory Actions ("spring agenda") continues this administration's trend of adding fewer new rules and reexamining older ones. ...more
5/11/2018
/ Apprenticeships ,
Association Health Plans ,
Department of Labor (DOL) ,
Deregulation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
H-1B ,
Joint Employers ,
NLRB ,
Persuader Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Tip-Pooling ,
Trump Administration ,
Wage and Hour ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety
Nine months into President Trump’s term, the pace of nominations and appointments to fill critical position within his administration is accelerating. Action on the nominations to the National Labor Relations Board (NLRB),...more
10/24/2017
/ Administrative Appointments ,
Administrative Interpretation ,
Affordable Care Act ,
Association Health Plans ,
Cost-Sharing ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Health Insurance ,
Healthcare Reform ,
HRA ,
Joint Employers ,
Legislative Agendas ,
NLRB ,
Nominations ,
Proposed Legislation ,
Sharing Economy ,
Subsidies ,
Trump Administration ,
Wage and Hour
Labor Day once again served as an occasion for many policymakers around the country to focus on laws and regulations governing the workplace. The holiday capped a relatively quiet month in Washington as lawmakers left town...more
During the prior administration, congressional gridlock prevented many significant labor and employment bills from advancing. Federal agencies picked up the slack, issuing several rules to help carry out much of President...more
7/21/2017
/ Apprenticeships ,
Department of Labor (DOL) ,
EBSA ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fiduciary Rule ,
Minimum Wage ,
OSHA ,
Persuader Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Silica ,
Tipped Employees ,
Trump Administration ,
Two For One Rule ,
Wage and Hour ,
White-Collar Exemptions
On July 12, 2017, the U.S. House Committee on Education and the Workforce held a hearing concerning the need for legislation to redefine the joint employer standard. As many employers are aware, the interpretation of when...more
7/14/2017
/ Browning-Ferris Industries of California Inc. ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
Small Business
Five months into President Trump's term, his administration's workplace policy is beginning to take shape. From notable developments at the Department of Labor (DOL), to long-awaited nominations to the National Labor...more
7/11/2017
/ Administrative Appointments ,
Affordable Care Act ,
Beryllium Exposure ,
Best Interest Contract Exemptions ,
Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Mandates ,
Fair Labor Standards Act (FLSA) ,
Fiduciary Rule ,
Health Insurance ,
Healthcare Reform ,
Individual Mandate ,
Investment Adviser ,
LMRDA ,
NLRB ,
Occupational Exposure ,
OSHA ,
Over-Time ,
Persuader Rules ,
Popular ,
Proposed Legislation ,
Repeal ,
Trump Administration ,
Unions ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Safety
The same week the Department of Labor removed two guidance documents governing joint employment and independent contractors, it indicated it will soon reconsider two contentious rules that have been put on hold. The DOL is...more
In a three-sentence press release, Labor Secretary Alexander Acosta announced the withdrawal of two Wage and Hour Administrator's Interpretations (AIs) on joint employment and independent contractors. While the AIs were not...more
Last week Rep. Francis Rooney (R-FL) introduced a bill that would remove travel agents from the Department of Labor's list of workers that cannot qualify for the Fair Labor Standards Act's (FLSA) overtime exemption for retail...more
5/23/2017
/ Agents ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Over-Time ,
Proposed Legislation ,
Retail Market ,
Travel ,
Wage and Hour ,
White-Collar Exemptions
On Friday, President Trump issued an executive order, Enforcing the Regulatory Reform Agenda ("the Order"), which calls for each federal agency to develop a regulatory reform task force to identify burdensome regulations for...more
2/28/2017
/ Administrative Appointments ,
Data Collection ,
Data Reporting ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Agency Taskforce ,
Gender-Based Pay Discrimination ,
Job Creation ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
New Regulations ,
NLRB ,
Nominations ,
OSHA ,
Regulatory Agencies ,
Regulatory Oversight ,
Regulatory Reform ,
Secretary of Labor ,
Trump Administration ,
Two For One Rule ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Injury
One of the first acts of the new Administration on Inauguration Day was to issue a memorandum putting the brakes—at least temporarily—on federal regulations that have not yet taken effect, and to release an executive order...more
1/23/2017
/ Affordable Care Act ,
Arbitration ,
Blacklist ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employee Benefits ,
Employer Mandates ,
Fair Labor Standards Act (FLSA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
Over-Time ,
Persuader Rules ,
Trump Administration ,
White-Collar Exemptions