News & Analysis as of

Federal Labor Laws Biden Administration

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employment Law Landscape Could Change After Election

When presidential administrations change, it’s common to see significant shifts in policy via new regulations, executive orders, different interpretations of federal laws, and changes to enforcement priorities, budgeting, and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Louisiana Laws on Tort Actions, Meal Breaks, Arbitration Agreements, and Nondisclosure Agreements Take Effect in July and...

Four new and notable laws affecting Louisiana employers are taking effect in summer 2024, including an expanded statute of limitations for employment torts, meal breaks for minors, a ban on predispute arbitration agreements...more

Genova Burns LLC

USDOL Wage-Hour Division Final Rule on Independent Contractor Status Reverts to Pre-Trump Rule and Rejects “Core Factor” Test

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On January 9, 2024 the U.S. Department of Labor (DOL) released a final rule that will apply beginning March 11, 2024 in determining whether a worker can be classified as an independent contractor as opposed to an employee...more

Obermayer Rebmann Maxwell & Hippel LLP

Biden Department of Labor Rolls out (Yet Another) “Independent Contractor” Legal Standard

Biden Department of Labor Rolls out (Yet Another) “Independent Contractor” - Legal Standard Misclassifying an employee as an independent contractor can have significant ramifications for a business, particularly in terms...more

Benesch

Department of Labor Finalizes Rule Change on Independent Contractor Classification

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On January 9, 2024, the U.S. Department of Labor released details of its final rule regarding the proper circumstances for independent contractor classification under the Fair Labor Standards Act (“FLSA”). On January 10,...more

Saiber LLC

President Biden Signs Landmark Executive Order on use of Artificial Intelligence

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On October 31, 2023, President Biden signed an Executive Order on the “Safe, Secure and Trustworthy Development and Use of Artificial Intelligence” in order to advance “a coordinated, Federal Government-wide approach to...more

Seyfarth Shaw LLP

Federal Agency Gives Notice That It May Reverse Course on Its Own Preemption Determination for California and Washington Meal and...

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Seyfarth Synopsis: The Federal Motor Carrier Safety Administration determined only a few years ago that federal law preempts California’s and Washington’s meal and rest period rules. Regardless of what would happen in the...more

Epstein Becker & Green

Biden NLRB Reverts to Obama Era Independent Contractor Test: Test Previously Rejected by DC Circuit

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Shocking few NLRB observers, the National Labor Relations Board (NLRB), in The Atlanta Opera, Inc., Case 10-RC-276292, a 3-1 decision issued June 13, 2023, announced its modified standard for analyzing whether  workers are...more

Seyfarth Shaw LLP

Policy Matters Newsletter - March 2023

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Biden Officially Nominates Su To Replace Marty Walsh. This week, President Biden officially announced the nomination of Julie Su to replace Marty Walsh atop the Department of Labor. We have had numerous occasions to discuss...more

Littler

2022 Midterm Election Impact on Labor and Employment Policy

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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

Littler

New AI Training Requirement for Certain Federal Government Employees

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On October 17, 2022, President Biden signed into law the AI Training Act (the “Act”). The purported purpose of the Act is to ensure the federal government’s workforce has knowledge of how artificial intelligence (AI) works,...more

CDF Labor Law LLP

NLRB Proposal Seeks to Make Removing Unions More Difficult

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The Biden National Labor Relations Board has been very busy trying to undue the work of the Trump Board ever since Jennifer Abruzzo took over as NLRB General Counsel. In the latest maneuver, on November 3rd, the Board issued...more

FordHarrison

U.S. Department of Labor Announces New Independent Contractor Rule

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Executive Summary: On October 11, 2022, the United States Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking that would assist employers in classifying workers as employees or independent...more

Polsinelli

New Independent Contractor Test Increases Risk of Independent Contractor Misclassification

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The U.S. Department of Labor is set to issue a Proposed Rule that will have a significant impact on the test used to determine whether someone is an independent contractor or an employee under the Fair Labor Standards Act...more

Littler

Spring Regulatory Agenda Provides Roadmap to Anticipated Federal Rulemaking

Littler on

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

Bodman

U.S. Department of Labor Announces Plans to “Go Back to the Future”

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The U.S. Department of Labor (“DOL”) recently announced that it is taking steps in furtherance of the Biden Administration’s stated aim to increase workers’ wages. - On Friday March 11, the DOL announced that it will...more

Epstein Becker & Green

#WorkforceWednesday: State of the Union, Federal Task Force Report, Biden’s SCOTUS Pick - Employment Law This Week®

This week, we’re looking at how employment laws and regulations are being impacted by the Biden administration’s recent actions on the international and national stages. President Biden’s First State of the Union President...more

DirectEmployers Association

OFCCP Week In Review: March 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

4 Employer Takeaways – and Predictions – from Biden’s State of the Union Address

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During the first State of the Union address with both houses of Congress present since the pandemic began, President Biden made brief references to his ambitious workplace law agenda, touching on several labor and employment...more

Constangy, Brooks, Smith & Prophete, LLP

Looking back at 2021 and ahead to 2022

Host Leigh Tyson interviews Jon Yarbrough about what happened in 2021 in labor and employment law (spoiler alert: a lot!) and what we can expect in 2022....more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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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

Epstein Becker & Green

#WorkforceWednesday: Preparing for Biden's Vaccine Mandate, Mandate Pushback Begins, NLRA's Reach Expected to Expand - Employment...

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This week, we look at the COVID-19 vaccination requirements for federal contractors and how the National Labor Relations Board (NLRB) is creating a more expansive view of the employment relationship. Employers Prepare for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - September 2021 #2

Administration to Mandate Vaccines for Federal and Private-Sector Employees. President Joe Biden this week dramatically ramped up his administration’s efforts to increase COVID-19 vaccination rates across the country....more

Adams and Reese LLP

[Virtual Event] Labor and Employment AR/HR Summit - August 10th - 12th, 9:00 am - 2:30 pm CDT

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Employers, especially HR professionals, have been on a roller coaster ride over the past 18 months. COVID-19 has not only changed the way we work but has underscored the need to take proactive steps to protect the longevity...more

Williams Mullen

President Biden Takes Aim at Employment Non-Compete Agreements

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As anticipated, President Biden has continued to carry through on his presidential campaign promise to overhaul federal labor and employment laws. With the aim of protecting workers and encouraging competition, on July 9,...more

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