News & Analysis as of

Department of Labor (DOL) Anti-Retaliation Provisions

Fisher Phillips

Federal Judge Blocks DOL’s “Farmworker Protection Rule” in 17 States: What Should Agricultural Employers Do Now?

Fisher Phillips on

A federal judge in Georgia just blocked the Department of Labor’s “Farmworker Protection Rule” for employers in 17 states, providing a measure of relief for many agricultural employers but throwing many others into a state of...more

Littler

USERRA Short-term Paid Military Leave Class Action Revived by Federal Appeals Court

Littler on

On August 22, 2024, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Synoracki v. Alaska Airlines, Inc., reviving a class action under the Uniformed Services Employment and Reemployment Rights Act...more

Husch Blackwell LLP

Keeping the "H" in "HR" – a Primer on the DOL's AI Guidance

Husch Blackwell LLP on

Recently, the Wage and Hour Division (WHD) of the Department of Labor issued a Field Assistance Bulletin (FAB) that provides guidance for employers on the application of artificial intelligence (AI) to the Fair Labor...more

Fox Rothschild LLP

ABC Amends Its Complaint Challenging Dol’s Changes To DBRA Regulations

Fox Rothschild LLP on

Last week a Texas federal judge ordered the U.S. Department of Labor (DOL) to respond to an amended complaint seeking to block the Biden Administration’s new regulations under the Davis-Bacon and Related Acts (DBRA) filed by...more

Jackson Lewis P.C.

Labor Department Publishes Restaurant, Retail Guidance on Compliance With PUMP Act

Jackson Lewis P.C. on

The Department of Labor (DOL) Wage and Hour Division (WHD) is in the process of publishing industry-specific guidance for compliance with the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The...more

Seyfarth Shaw LLP

Construction Industry Groups Challenge DOL’s New DBRA Regulations

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Less than a month after taking effect, the Department of Labor’s (“DOL”) broad changes to the regulations implementing Davis-Bacon and Related Acts (“DBRA”) are facing legal challenges in two federal courts. These newly-filed...more

Davis Wright Tremaine LLP

Significant Changes to Davis-Bacon Requirements Effective October 23

On August 8, 2023, the Department of Labor issued a new rule redefining how wages are calculated for more than one million construction workers and implements a number of sweeping changes under the Davis-Bacon Act. The rule,...more

Kohrman Jackson & Krantz LLP

Gig Workers Now Protected in Columbus, Ohio

The City of Columbus, Ohio, has enacted a new code conferring legal rights to gig workers, also known generally as freelance workers. Freelance workers now constitute almost forty percent of the national workforce. The...more

Husch Blackwell LLP

A Guide to The U.S. Department of Labor's ‘New' Davis-Bacon and Related Acts Regulations

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For the first time in 40 years, the Department of Labor (DOL) updated its interpretation and implementation of the Davis-Bacon and Related Acts in new final rules. DOL’s new final rules concerning the prevailing wages and...more

Troutman Pepper

US DOL Updates Prevailing Wage Rules for Construction Industry

Troutman Pepper on

On August 8, the U.S. Department of Labor (DOL) published final rules changing the method by which prevailing wages will be calculated for federally funded construction projects. The final rules were adopted after publication...more

Seyfarth Shaw LLP

New Jersey Temporary Workers’ Bill of Rights: Regulations Issued

Seyfarth Shaw LLP on

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

ArentFox Schiff

Illinois Employers Must Provide 40 Hours of Paid Leave for Any Reason

ArentFox Schiff on

Yesterday, Illinois Governor Pritzker signed into law the “Paid Leave for All Workers Act,” which will allow most Illinois employees up to 40 hours of paid leave per year, for any purpose, starting on January 1, 2024. This...more

Foley Hoag LLP

OSHA Announces Interim Final Rule on Antitrust Whistleblower Retaliation Claims

Foley Hoag LLP on

The Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor has released a new rule that will give antitrust whistleblowers added protection against retaliation. The new rule establishes...more

Proskauer - Whistleblower Defense

DC Circuit: SOX’s Anti-Retaliation Provision Does Not Apply Extraterritorially

As we previously reported, on February 13, 2020, an Administrative Law Judge (ALJ) of the Department of Labor (DOL) dismissed a former in-house attorney’s whistleblower claims because he worked entirely outside of the United...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2022

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2022 saw highly impactful whistleblower and retaliation events primarily resulting from an active U.S. Securities and Exchange Commission, an aggressive approach taken by the Occupational Safety and Health Administration, and...more

Jackson Lewis P.C.

Practical Guidance to Mitigate Risks to Employers of “Bad Actors” Who Engage in Retaliatory Acts

Jackson Lewis P.C. on

The Biden Administration recently announced increased coordination between EEOC, the US DOL and the NLRB to strengthen an intra-agency approach focused on combatting unlawful workplace retaliation. The approach will raise...more

Harris Beach PLLC

New York State Launches Hotline For Complaints of Workplace Sexual Harassment

Harris Beach PLLC on

In March of 2022, New York Governor Kathy Hochul signed legislation directing the New York State Division of Human Rights (“DHR”) to establish a toll-free confidential hotline designed to provide counsel and assistance to...more

Husch Blackwell LLP

Nondisplacement of Qualified Workers Under Service Contracts – Proposed Regulations Issued

Husch Blackwell LLP on

As we wrote back in November 2021, the Biden Administration issued Executive Order 14055 reinstating most of the concepts from the Obama Administration era nondisplacement Executive Order 13495....more

Jackson Lewis P.C.

New Guidance Issued by Department of Labor Regarding Mental Health and the FMLA

Jackson Lewis P.C. on

On May 25, 2022, during Mental Health Awareness Month, the Wage and Hour Division (WHD) of the Department of Labor, the agency responsible for enforcing the Family and Medical Leave Act (FMLA), issued Fact Sheet # 28O and...more

McAfee & Taft

DOL issues new guidance to employers warning about retaliation

McAfee & Taft on

Retaliation continues to be at the top of the federal government’s priority list.  Last month, the U.S. Department of Labor issued a new field assistance bulletin entitled Protecting Workers from Retaliation, which addresses...more

White and Williams LLP

Federal Agencies Join Forces To Combat Employer Retaliation

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The National Labor Relations Board (NLRB), the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL) are joining forces to combat employer retaliation. The agencies plan to coordinate...more

Rumberger | Kirk

To Avoid FLSA Retaliation, Don’t Miss the Oral Complaints

Rumberger | Kirk on

The Department of Labor (DOL) recently reminded field investigators to be on the lookout for retaliation against employees that are seeking to enforce their rights under the Fair Labor Standards Act (FLSA). On March 10,...more

Bowditch & Dewey

U.S. Department of Labor Releases Guidance on Protecting Workers From Retaliation

Bowditch & Dewey on

The U.S. Department of Labor (DOL) recently released guidance addressing retaliation against employees who assert workplace rights under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), as well as...more

Woods Rogers

Federal Agencies Are Teaming Up to End Workplace Retaliation

Woods Rogers on

The National Labor Relations Board (NLRB), U.S. Department of Labor (DOL), and U.S. Equal Employment Opportunity Commission (EEOC) announced a joint initiative to raise awareness about retaliation issues when workers exercise...more

Epstein Becker & Green

#WorkforceWednesday: OSHA ETS Moves to the Sixth Circuit, Federal Agencies Join to Combat Workplace Retaliation, NY Increases...

Epstein Becker & Green on

This week, the Occupational Safety and Health Administration’s (OSHA’s) vaccine emergency temporary standard (ETS) is currently in the hands of the Sixth Circuit, while New York employers have several updates to look out for...more

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