News & Analysis as of

Comment Period Labor Reform

Genova Burns LLC

Independent Contractor Relationships Under Renewed Scrutiny by NJDOL

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On May 5, 2025, the New Jersey Department of Labor and Workforce Development opened a 60-day comment period on a proposed regulation that would make it harder for independent contractors to contract their services as...more

Troutman Pepper Locke

Garden State May Soon Become Even Less Hospitable to Independent Contractors ‎Than the Golden State

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The New Jersey Department of Labor and Industry (the Department) announced on April 28, 2025, that it was filing a notice of a proposed regulation addressing the test for independent contractor (IC) status under New Jersey...more

Epstein Becker & Green

Clearing Up Confusion: New Jersey Division on Civil Rights Proposes Detailed Guidelines Concerning What Constitutes Disparate...

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On June 3, 2024, the New Jersey Division on Civil Rights proposed new regulations addressing Disparate Impact Discrimination, N.J.A.C. 13:16 (the Proposed Rules) under the New Jersey Law Against Discrimination (LAD)....more

Faegre Drinker Biddle & Reath LLP

The FTC Non-Compete Rule – It’s Finally Here (Almost)!

On April 16, 2024, the Federal Trade Commission (FTC) announced that, next Tuesday, April 23, it will be releasing the final version of its proposed rule largely prohibiting employee non-competition restrictions. See FTC...more

FordHarrison

The U.S. Department of Labor’s Proposed White Collar Exemption Changes

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Under a new proposed rule from the U.S. Department of Labor (“DOL”), millions more workers would be eligible for overtime pay unless employers pay a much higher salary threshold. As it stands, under the Fair Labor Standards...more

Miles Mediation & Arbitration

Expect Change: A Closer Look at the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA), which requires employers with fifteen (15) or more employees to provide reasonable accommodations for an employee’s or applicant’s known limitations related to pregnancy, childbirth,...more

Parker Poe Adams & Bernstein LLP

New EEOC Guidance Explains Agency's Position on Developing Harassment Claims

Earlier this month, the Equal Employment Opportunity Commission (EEOC) issued a proposed guidance on workplace harassment. The EEOC intends the guidance to replace the current document that was issued in 1999....more

Bodman

Department of Labor Proposes an Increase to the FLSA Exempt Employee Salary Threshold; Is 2023(4) the New 2019 or 2017?

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On August 30, 2023 the U.S. Department of Labor (“DOL”) announced the much anticipated Notice of Proposed Rulemaking (“NPRM”) which, if implemented, would increase certain otherwise salary exempt employees’ compensation under...more

Nelson Mullins Riley & Scarborough LLP

Proposed EEOC Harassment in the Workplace Guidance

On Sept. 29, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued proposed updated workplace harassment guidance (the “Proposed EEOC Guidance”) for the first time since 1999.   The Proposed EEOC Guidance, which is...more

Seyfarth Shaw LLP

New York State Pay Transparency in Job Advertisements Law Goes Into Effect and Department of Labor Issues Proposed Regulations

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Seyfarth Synopsis: New York State’s law on pay transparency in job advertisements went into effect on September 17, 2023. A few days before the law’s effective date, the state’s Department of Labor published proposed rule...more

Ius Laboris

Ontario seeks input on heat stress proposal

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The Ontario Ministry of Labour, Immigration, Training and Skills Development has announced that it is seeking prompt comments and feedback on two Occupational Health and Safety proposals, including one in relation to heat...more

Littler

OSHA Wants to Revise its Worker Walkaround Representative Policy – Should Employers Be Concerned?

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On August 29, 2023, the U.S. Occupational Safety and Health Administration (OSHA) released a proposed rule that would resurrect an Obama-era policy that allowed employees to designate third-party representatives to accompany...more

Franczek P.C.

EEOC Releases Proposed Regulations for New Pregnancy Law

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Earlier this month, the EEOC released proposed regulations to implement the Pregnant Workers Fairness Act (“PWFA,” or the “Act”), which we initially wrote about. (The proposed rule can be found on the Federal Register’s...more

Stinson LLP

EEOC Proposes New Regulations For Pregnant Workers Fairness Act

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In late 2022, President Biden signed legislation creating new protections for pregnant and nursing employees, which was addressed in a previous alert. The Pregnant Workers Fairness Act (PWFA), went into effect on June 27,...more

Seyfarth Shaw LLP

New Jersey Temporary Workers’ Bill of Rights: Regulations Issued

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Seyfarth Synopsis: The New Jersey Department of Labor and Workforce Development issued its proposed regulations for New Jersey’s Temporary Workers’ Bill of Rights. The proposed regulations provide some clarity on several...more

FordHarrison

New Jersey Issues New Proposed Regulations on the Temporary Workers Bill of Rights for Comment

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On July 21, 2023, the New Jersey Department of Labor and Workforce Development posted on its website proposed regulations to implement the New Jersey Temporary Workers Bill of Rights.  Public comments on the proposal will be...more

Franczek P.C.

Comments Opposing FTC’s Proposed Rule Submitted

Franczek P.C. on

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule which, if adopted, would ban U.S. employers from using non-compete agreements.  In its notice of proposed rulemaking (“NPR”), the FTC sought public...more

Proskauer - Law and the Workplace

NYC Set to Enforce Law to Regulate Use of Automated Hiring Tools Starting July 5

New York City will begin enforcing the New York City Automated Employment Decision Tools (“AEDT”) Law, on July 5, 2023, delaying the previously announced enforcement date of April 15. On April 6, 2023, after two sets of...more

Nelson Mullins Riley & Scarborough LLP

Proposed Federal Rule Seeks to Clarify Title VII’s Application to Religious Organizations

A January 13, 2023 rule proposed by nine federal agencies, including the Department of Labor, seeks to amend an assortment of regulations in order to clarify the rights and obligations of faith-based and community...more

Polsinelli

FTC Proposed Noncompete Ban Reinforces Need to Protect Competitive Information Now

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As we recently reported, on January 5, 2023, the Federal Trade Commission proposed a rule banning the use of non-compete covenants in nearly all circumstances. The FTC is seeking comments on the proposed rule until March 20,...more

Littler

Canada’s Competition Bureau Publishes Draft Guidelines for Enforcement of New “Wage-Fixing Agreement” and “No-poach Agreement”...

Littler on

When Bill C-19, Budget Implementation Act, 2022, No. 1 received Royal Assent in June 2022, it amended Canada’s Competition Act (Act) by including a new provision, s. 45(1.1), which comes into force on June 23, 2023.  Section...more

Akerman LLP - HR Defense

Overbroad and Overstepping? FTC Moves to Ban Non-Competes Nationwide

Only days into the new year, the Federal Trade Commission announced a controversial proposed rule that would potentially ban all non-compete agreements nationwide. While the proposed rule would not take effect until the end...more

Nelson Mullins Riley & Scarborough LLP

Is this the Final Nail in the Coffin of Employee Non-Compete Provisions?

Non-compete provisions are facing a targeted attack from the Federal Trade Commission (“FTC”) in its latest proposed rule issued on January 5, 2023.  The sweeping attack purports to supersede less-restrictive State laws and...more

Quarles & Brady LLP

FTC Issues Proposed Rule Banning All Non-Compete Agreements

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On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule that would ban the use of non-compete agreements between employers and their workers and require businesses to rescind existing non-compete contracts....more

Polsinelli

The Time Is Now: Comment Period Open For The Federal Trade Commission’s New Proposed Rule Banning Employer Non-Compete Clauses

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Fresh off the significant buzz from the Federal Trade Commission’s (“FTC”) January 5, 2023 announcement of its Notice of Proposed Rule Making (“NPRM”) setting forth a ban on all non-compete clauses between employers and...more

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