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
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
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
After the recent resignation of Alex Acosta, President Trump has announced his intent to nominate Eugene Scalia—son of the late U.S. Supreme Court Justice Antonin Scalia—as Secretary of the Department of Labor (DOL). The...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
While some races remain undecided, it is clear at this point that Democrats will control the U.S. House of Representatives in the next Congress. ...more
11/7/2018
/ Class Action Arbitration Waivers ,
Corporate Counsel ,
Employee Rights ,
Joint Employers ,
Labor Regulations ,
Legislative Agendas ,
Minimum Wage ,
Over-Time ,
Paid Time Off (PTO) ,
Regulatory Oversight ,
Sexual Harassment ,
Sick Leave ,
U.S. House ,
Unions ,
Wages ,
White-Collar Exemptions
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
Labor Secretary Alexander Acosta fielded a range of questions on the DOL's priorities during a November 15 hearing before the House Committee on Education and the Workforce. Although members of the Committee inquired about...more
11/16/2017
/ Apprenticeships ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
Health Insurance ,
Investment Management ,
OSHA ,
Over-Time ,
Request For Information ,
Secretary of Labor ,
Silica ,
Toxic Exposure ,
Trump Administration ,
White-Collar Exemptions ,
Workplace Safety
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
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
As the dog days of summer settle in, most statehouses have closed up shop. Legislatures in approximately 12 states remain in regular session, however, with a couple more active in special session. Roughly 200 labor and...more
7/7/2017
/ Background Checks ,
Discrimination ,
Equal Pay ,
Healthy Workplace Act ,
Hiring & Firing ,
Medical Leave ,
Minimum Wage ,
New Legislation ,
Over-Time ,
Paid Family Leave Law ,
Paid Leave ,
Parental Leave ,
Pay Transparency ,
Pregnancy ,
Reasonable Accommodation ,
Religious Discrimination ,
Salary/Wage History ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
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
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 April 29, 2017, the first 100 days of the Trump administration came to an end. A government shutdown was averted after the White House and Congress reached a spending deal, and the U.S. Supreme Court seat left vacant by...more
5/4/2017
/ Administrative Appointments ,
Affordable Care Act ,
Buy America ,
Compensatory Time Off ,
Congressional Review Act ,
Department of Labor (DOL) ,
Deregulation ,
Domestic Hiring Policy ,
Executive Orders ,
Health Insurance ,
Healthcare Reform ,
Over-Time ,
Secretary of Labor ,
Trump Administration ,
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
President-elect Donald Trump has formally named Andy Puzder as his choice to be the next Secretary of Labor. Currently the CEO of CKE Restaurants, the parent company to several fast-food chains, Puzder is a long-time advocate...more
12/9/2016
/ Administrative Appointments ,
Affordable Care Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Minimum Wage ,
Nominations ,
Restaurant Industry ,
Secretary of Labor ,
Trump Administration ,
White-Collar Exemptions
Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block...more
12/5/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Blacklist ,
Congressional Review Act ,
Decriminalization of Marijuana ,
Department of Labor (DOL) ,
EB-1 ,
EB-2 ,
EB-3 ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Fiduciary Duty ,
Fiduciary Rule ,
Genetic Discrimination ,
GINA ,
Health Insurance ,
Healthcare ,
Hiring & Firing ,
Hospitality Industry ,
Hotels ,
Labor Law Violations ,
Marijuana ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
Obama Administration ,
OSHA ,
Over-Time ,
Paid Leave ,
Persuader Rules ,
Presidential Elections ,
Regulatory Agenda ,
Reporting Requirements ,
Right to Work ,
Sick Leave ,
Trump Administration ,
Unions ,
USCIS Immigrant Fee ,
Wage and Hour ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety
The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more
11/10/2016
/ Administrative Appointments ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Browning-Ferris Industries of California Inc. ,
Civil Rights Act ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Bargaining Agreements (CBA) ,
D.R. Horton v NLRB ,
DACA ,
DAPA ,
Disability Discrimination ,
Dodd-Frank ,
EEO-1 ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Fiduciary Rule ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Health Insurance ,
Healthcare ,
Immigrants ,
Immigration Procedures ,
Joint Employers ,
Judicial Appointments ,
LGBTQ ,
Mandatory Arbitration Clauses ,
MAP-21 ,
Minimum Salary ,
Minimum Wage ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Over-Time ,
Paid Leave ,
Persuader Rules ,
Political Appointments ,
Popular ,
Project Labor Agreements ,
Recess Appointments ,
Retirement Plan ,
Right to Work ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Standard of Review ,
Title VII ,
Transgender ,
Unions ,
Wage and Hour ,
Wages ,
White-Collar Exemptions ,
Workplace Injury
Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The November edition of the Insider Report turns a spotlight on...more
11/7/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Ballot Measures ,
Big Data ,
Blacklist ,
Data Breach ,
Decriminalization of Marijuana ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
Gig Economy ,
GINA ,
Hiring & Firing ,
Independent Contractors ,
IRS ,
Labor Law Violations ,
Marijuana ,
Minimum Wage ,
Misclassification ,
NLRB ,
Proposed Amendments ,
Sharing Economy ,
Sick Leave ,
Unemployment Insurance ,
Wage and Hour ,
Wage Theft ,
Wellness Programs ,
White-Collar Exemptions ,
Work Schedules ,
Workers' Compensation Claim
Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The October edition of the Insider Report examines what Congress...more
10/6/2016
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Bereavement Leave ,
Criminal Background Checks ,
Department of Labor (DOL) ,
EEO-1 ,
Electronic Data Transmissions ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
EU ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Final Rules ,
Forum Selection ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Genetic Discrimination ,
GINA ,
Harassment ,
Hazardous Substances ,
Minimum Salary ,
Minimum Wage ,
Multi-Employer Pensions ,
Non-Exempt Employees ,
OSHA ,
Over-Time ,
Paid Leave ,
Pensions ,
Pregnancy Discrimination ,
Retirement ,
Retirement Plan ,
Sick Leave ,
UK ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The August edition of the Insider Report compares the Democratic...more
8/4/2016
/ Affordable Care Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
EU ,
EU-US Privacy Shield ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
GINA ,
Health Insurance ,
International Data Transfers ,
Minimum Salary ,
NLRB ,
OSHA ,
Over-Time ,
Parental Leave ,
Pay Equity Laws ,
Pay Transparency ,
Penalties ,
Personal Data ,
Political Campaigns ,
Sexual Harassment ,
Wage and Hour ,
Wage Theft ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury
Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The July edition of the Insider Report includes a discussion of...more
7/6/2016
/ Corporate Counsel ,
Criminal Background Checks ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
Genetic Discrimination ,
LMRDA ,
Minimum Salary ,
Navarro v Encino Motorcars ,
OFCCP ,
Over-Time ,
Paid Time Off (PTO) ,
Pay Equity Laws ,
Pensions ,
Persuader Rules ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Sex Discrimination ,
Sick Leave ,
Unions ,
Wage and Hour ,
Wage Theft ,
White-Collar Exemptions ,
Work Schedules
Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The June edition of the Insider Report highlights recent federal...more
6/6/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Ban the Box ,
Browning-Ferris Industries of California Inc. ,
Department of Labor (DOL) ,
EEO-1 ,
Electronic Reporting ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Final Rules ,
Gender-Based Pay Discrimination ,
GINA ,
Health Insurance ,
Minimum Salary ,
Minimum Wage ,
New Legislation ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Over-Time ,
Paid Time Off (PTO) ,
Pensions ,
Pregnancy Discrimination ,
Sick Leave ,
Wage and Hour ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety