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
This report summarizes and analyzes data gathered from 1,160 in-house lawyers, C-suite executives and HR professionals. The survey covers the wide-ranging issues facing employers as we look toward a post-pandemic future –...more
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
...more
5/3/2021
/ Coronavirus/COVID-19 ,
Employee Retention ,
Furloughs ,
Hiring & Firing ,
Infectious Diseases ,
Labor Regulations ,
Layoffs ,
Local Ordinance ,
Right of Recall ,
State and Local Government ,
State Labor Laws
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
Just about a year ago, in the early weeks of the COVID-19 pandemic, economic activity in many sectors went from red hot to nearly frozen, seemingly overnight. The hospitality industry was particularly hard hit, as business...more
4/19/2021
/ Coronavirus/COVID-19 ,
Employee Retention ,
Hiring & Firing ,
Infectious Diseases ,
Layoffs ,
Local Ordinance ,
New Legislation ,
Rehiring Issues ,
Right of Recall ,
State and Local Government ,
State Labor Laws
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
When President Biden took the unprecedented step of firing National Labor Relations Board (NLRB) General Counsel Peter Robb shortly after taking the oath of office on January 20, observers noted that it was a significant...more
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 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act. Introduction was expected, as President Biden pledged to be “the strongest labor president you have ever had” during...more
2/10/2021
/ ABC Test ,
Biden Administration ,
Collective Bargaining ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
NLRA ,
NLRB ,
Regulatory Agenda ,
Right to Work ,
Unfair Labor Practices ,
Union Organizers ,
Unions
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
On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more
1/19/2021
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
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
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
On December 18, 2020, California’s Occupational Safety and Health Standards Board (Standards Board)1 conducted a Stakeholders Meeting to address employer concerns about the COVID-19 Emergency Temporary Standard (ETS) issued...more
On Tuesday, November 10, 2020, the Los Angeles County Board of Supervisors approved a program allowing third-party organizations in the food, apparel manufacturing, warehousing and storage, and restaurant sectors to create...more
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
11/9/2020
/ Equal Pay ,
Federal Labor Laws ,
Independent Contractors ,
Joe Biden ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
LGBTQ ,
Regulatory Agenda ,
Trump Administration ,
Wage and Hour
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
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
10/22/2020
/ Bias ,
Civil Rights Act ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Regulatory Reform ,
Request For Information ,
Sexual Stereotyping ,
Title VII ,
Trump Administration
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
10/1/2020
/ ABC Test ,
Borello Test ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Newspapers ,
State Labor Laws ,
Wage and Hour