The 2024 presidential election was like no other in modern history, and it is clear that across a range of measures the American electorate remains dramatically polarized. This presents a host of challenges for policymakers...more
The past year has brought sweeping changes to the world of work. Federal agencies finalized rules on minimum wage and overtime exemptions, union representation elections, pregnancy accommodations, OSHA inspections, and...more
A new General Labor Law (NGLL) was enacted by Law No. 12/23, of 27 December 2023, which came into force on March 26, 2024.The NGLL repealed the former General Labor Law (approved by Law No. 7/15, of June 15, 2015),...more
What do you get when you combine a business-backed ballot initiative, the state legislature and governor’s office, and labor organizations? A deal. California style.
By now you have heard of the deal to reform the...more
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
For years, California has led the way in the fast food industry, with several prominent brands having their origins in the Golden State. More recently, California has shown innovation in the ways that the employment of fast...more
9/12/2023
/ California ,
Employer Liability Issues ,
Fast-Food Industry ,
FEHA ,
Food Service Workers ,
IWC ,
Labor Reform ,
Legislative Agendas ,
Minimum Wage ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Restaurant Industry ,
State Labor Laws ,
Wage and Hour
As happens this time every year in California, legislators and the governor are crafting a state budget for the upcoming fiscal year. The budget bill currently under consideration in Sacramento contains a startling and...more
6/27/2023
/ California ,
Employees ,
Employer Liability Issues ,
Health and Welfare Plans ,
IWC ,
Labor Code ,
Labor Reform ,
Regulatory Agenda ,
Regulatory Authority ,
State Budgets ,
State Labor Laws ,
Wage and Hour
Executive Summary -
Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations.
Numerous headwinds...more
5/10/2023
/ Artificial Intelligence ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Law Violations ,
Leave of Absence ,
Public Health Emergency ,
Reasonable Accommodation ,
Remote Working ,
State Labor Laws ,
Telecommuting ,
Wage and Hour
It’s been a busy spring at the California state capitol. Among the few thousand bills being considered by California’s legislature this year, AB 1228 stands out. The bill would essentially create joint liability for...more
4/21/2023
/ California ,
Employer Liability Issues ,
Fast-Food Industry ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Liability ,
Labor Law Violations ,
Labor Reform ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Agenda ,
Restaurant Industry ,
Wage and Hour
With one day left to spare before the deadline to introduce new bills, on February 16, 2023, California Assemblymember Chris Holden (D-41) introduced Assembly Bill 1228, the “Fast Food Franchisor Responsibility Act.” This...more
2/22/2023
/ California ,
Employees ,
Employer Liability Issues ,
Fast-Food Industry ,
Franchisee ,
Franchisors ,
Joint Employers ,
Labor Reform ,
Proposed Legislation ,
Regulatory Agenda ,
Restaurant Industry ,
State Labor Laws ,
Wage and Hour
Over the weekend, Senate Democrats defied midterm election historical trends and maintained control of their narrow majority in the Senate. In Nevada, Democratic Senator Catherine Cortez Masto narrowly defeated Republican...more
11/16/2022
/ Biden Administration ,
Employee Rights ,
Employees ,
Federal Labor Laws ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Legislative Agendas ,
Regulatory Agenda ,
Regulatory Oversight ,
Union Elections ,
Wage and Hour
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
I. The State of the U.S. Workforce -
In the early months of the pandemic, jobs declined by a staggering 22.2 million. The good news is that jobs recovery has been on the rise since February 2020. In July, the number of...more
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
A bill with significant implications for California’s fast food industry is on its way to Governor Newsom’s Desk. On August 29, 2022, the State Senate passed the Fast Food Accountability and Standards Recovery Act (AB 257)....more
9/1/2022
/ California ,
Employees ,
Fast-Food Industry ,
Food Service Workers ,
Labor Reform ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Standards ,
State Labor Laws ,
Wage and Hour
Over the past few years, cities have started to implement their own workplace regulations, an area previously reserved to federal and state governments. The hotel industry, which often is one of the primary drivers of a...more
On June 21, 2022, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. These semi-annual regulatory agendas outline federal agency goals for the months ahead. Although the...more
6/23/2022
/ Biden Administration ,
Corporate Counsel ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Federal Labor Laws ,
Labor Reform ,
Labor Relations ,
NLRB ,
OSHA ,
Regulatory Agenda ,
Unions ,
Wage and Hour ,
White-Collar Exemptions
On March 24, 2022, the Massachusetts Supreme Judicial Court (SJC) handed down a key ruling that could have a significant impact on franchising across the state. In Patel v. 7-Eleven, Inc., the SJC was asked whether the...more
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 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, 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 22, 2021, the U.S. Department of Labor’s proposed rule to implement and enforce Executive Order 14026, “Increasing the Minimum Wage for Federal Contractors,” was published in the Federal Register. Executive Order...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
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