Were you paying attention to all the workplace law developments in 2023? While it’s hard to keep up with so many changes, you can take our quiz to test your knowledge and see how you stack up. But don’t worry if you get a...more
12/28/2023
/ Artificial Intelligence ,
Department of Labor (DOL) ,
Diversity ,
Employee Handbooks ,
Employment Contract ,
Employment Policies ,
Federal Trade Commission (FTC) ,
Form I-9 ,
Hiring & Firing ,
Joint Employers ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Religious Accommodation ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more
10/31/2023
/ Anti-Competitive ,
Artificial Intelligence ,
Big Tech ,
Copyright ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employment Discrimination ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Hiring & Firing ,
Immigration Reform ,
Intellectual Property Protection ,
Job Market ,
Manufacturers ,
OFCCP ,
U.S. Commerce Department ,
U.S. Treasury ,
US State Departments
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more
5/1/2023
/ Artificial Intelligence ,
Automation Systems ,
California Consumer Privacy Act (CCPA) ,
Department of Labor (DOL) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mental Health ,
NLRB ,
OFCCP ,
OSHA ,
SCOTUS
Welcome to FP Gig Economy Snapshot, where we take a quick snapshot look at the most significant workplace law developments with an emphasis on how they impact gig economy businesses. This edition focuses on the Department of...more
As gig economy businesses – and other employers that implement gig-like workforce models – gear up for a new year, it’s natural to look ahead and begin to set expectations for what the road ahead might bring. We’ve scoured...more
1/24/2022
/ ABC Test ,
Artificial Intelligence ,
Business Model ,
Delivery Drivers ,
Department of Labor (DOL) ,
Gig Economy ,
Hiring & Firing ,
Human Resources Professionals ,
Independent Contractors ,
Misclassification ,
NLRB ,
Ridesharing ,
Wage and Hour
If a consortium of businesses have their way, the federal government will be forced to adopt and enforce the rule proposed by the Trump-era Department of Labor that was about to make it easier for businesses to classify their...more
We knew it had been coming, but the Biden recently made it official: the Department of Labor announced it wants to rescind the gig economy rule that was originally crafted under President Trump’s tenure and was about to make...more
The new administration’s efforts to reverse course on many of the gains that gig economy businesses achieved under previous White House leadership took another step friday as the Department of Labor (DOL) withdrew a guidance...more
Given the tumultuous news that occupied all of our attentions last week, you may have missed the announcement that President-elect Biden has nominated Boston Mayor Marty Walsh to be the next Secretary of Labor – the first...more
1/11/2021
/ Affirmative Action ,
Department of Labor (DOL) ,
Equal Pay ,
Foreign Workers ,
Immigration Procedures ,
Independent Contractors ,
Joint Employers ,
Paid Leave ,
Pay Equity Laws ,
Presidential Nominations ,
Secretary of Labor ,
Wage and Hour ,
Workplace Safety
If it had been released at some other point in time and under different circumstances, perhaps gig economy businesses would be celebrating the release of a federal rule that makes it easier to classify workers as independent...more
The Labor Department finalized a new rule yesterday that aims to make it easier for businesses to classify workers as independent contractors – but the rule faces a very uncertain future given that the Biden administration...more
With only a few weeks left in 2020 and a new administration set to take control of the Department of Labor a few weeks later, companies that rely upon a gig economy business model may be in store for a nice gift this...more
The Department of Labor has turned down Congressional calls to extend the time period to receive public comments about the proposed independent contractor rule that would make it easier for gig economy businesses and other...more
Either incumbent Donald Trump or challenger Joe Biden will be inaugurated as president on January 20, 2021 – and the impact on workplace law will be significant. Each candidate has provided us with clues (some subtle, some...more
10/9/2020
/ Affordable Care Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Federal Labor Laws ,
Gig Economy ,
Health Insurance ,
Independent Contractors ,
Joe Biden ,
Joint Employers ,
Labor Regulations ,
Medical Leave ,
Misclassification ,
Paid Leave ,
Political Campaigns ,
Political Candidates ,
Presidential Elections ,
Trump Administration ,
Wage and Hour
Gig economy companies across the country had a whirlwind September, as legal developments impacting their business models continued to unfold. Here are the five most significant workplace law developments in the gig economy...more
10/7/2020
/ ABC Test ,
Ballot Measures ,
Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Exceptions ,
Gig Economy ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
New Rules ,
Presidential Nominations ,
Proposed Rules ,
Ridesharing ,
Wage and Hour
What Happened? The Department of Labor just issued a new proposed rule that would make it easier for workers to be classified as independent contractors.
What Does It Mean? The proposed test – which would take effect...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
9/10/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
NLRB ,
Paid Leave ,
Payroll Taxes ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Unemployment Benefits ,
Wage and Hour ,
Wrongful Death
In a move sure to frustrate employers and usher in a wave of confusion, a New York federal court judge just struck down critical portions of the Labor Department’s new joint employer rule that went into effect a few months...more
A report by Ben Penn in Thursday’s Bloomberg Law casts serious doubt about whether the Department of Labor will proceed with a misclassification rule before the end of this presidential term. We reported last month that the...more
8/14/2020
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joe Biden ,
Labor Regulations ,
Misclassification ,
Presidential Elections ,
Trump Administration ,
Wage and Hour
The Department of Labor issued several sets of new guidance materials to employers as return-to-work, remote work, and wage and hour issues remain hot – and sometimes confusing – topics. The agency recognizes that the...more
7/24/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Hiring & Firing ,
New Guidance ,
Paid Leave ,
Paid Time Off (PTO) ,
Remote Working ,
Return-to-Work Agreements ,
Sick Leave ,
Wage and Hour
The Department of Labor just provided employers a sign that it might be open to altering the Family and Medical Leave Act regulations and guidance, perhaps resolving some of the more difficult aspects of the law that cause...more
7/22/2020
/ Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Family and Medical Leave Act (FMLA) ,
Information Requests ,
Intermittent Leave ,
Labor Regulations ,
Medical Certification Requests ,
Opinion Letter ,
Public Comment ,
Serious Health Conditions
The formal regulatory notice released July 1st, 2020, is so short and sterile that the average gig economy business could be forgiven for ignoring it: “The Department of Labor is proposing a regulation for determining...more
The U.S. Department of Labor issued a new rule yesterday to regulate the Families First Coronavirus Relief Act (FFCRA) and the paid leave programs that just became law on April 1, 2020. We’ve digested the 124-page document...more
4/3/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
New Rules ,
Paid Leave ,
Rate of Pay ,
Required Documentation ,
Shelter-In-Place ,
Sick Leave ,
Small Business ,
Wage and Hour
New Jersey businesses will now face an increased slate of potential penalties for misclassification violations thanks to a series of bills just signed into effect by Governor Phil Murphy, but gig economy companies can breathe...more
The U.S. Department of Labor just finalized its rule that attempts to limit the scope of joint employment liability for wage and hour matters. Although much remains to be seen, this rule may usher in a new era, and could lead...more
1/14/2020
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Hiring & Firing ,
Joint Employers ,
Labor Regulations ,
Minimum Wage ,
New Rules ,
Wage and Hour ,
Work Schedules