News & Analysis as of September 24, 2024

Department of Labor (DOL)

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Understanding the New Rules of Independent Contractor Classification Law

Sands Anderson PC on 3/15/2024

There are few areas in employment law that remain in a greater state of flux than the question of who a business can properly classify as an independent contractor. The differences between federal and state law can make the...more

The Burr Broadcast: New Independent Contractor Rule

Burr & Forman on 1/19/2024

In this episode of The Burr Broadcast, Chandler Aragona explains the new Independent Contractor rule that goes into effect on March 11, 2024. ...more

How 2024 Employment Law Updates Affect Your Wallet, Unions & More

DarrowEverett LLP on 12/28/2023

As could be expected in 2023, employers have had to adapt to an ever-changing landscape of employment laws, regulations, and in the case of the National Labor Relations Board (NLRB) a growing library of general counsel...more

Can Discharging Remote Workers Trigger the WARN Act at a ‘Single Site of Employment’?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/20/2022

To say that COVID-19 has presented numerous challenges to employers would certainly be an understatement. One of the changes and challenges that has entered the workforce is the proliferation of work-from-home arrangements. ...more

Employment Flash - August 2021

Skadden, Arps, Slate, Meagher & Flom LLP on 9/2/2021

This edition summarizes key employment law issues, including new clarifications of employers’ COBRA obligations and restrictions on noncompete agreements. We also discuss New York’s new conditions for background check...more

Labor Department Rescinds Pro-Franchise Joint-Employment Rule

Polsinelli on 8/9/2021

On July 29, 2021, the U.S. Department of Labor announced it is rescinding a final rule issued just last year (2020 Final Rule) that sought to clarify the standard for finding two separate entities to be “joint employers”...more

DOL Rescinds Trump-Era Joint Employer Rule

Proskauer - Law and the Workplace on 8/2/2021

The U.S. Department of Labor announced on July 29 that it will rescind the March 2020 rule on Joint Employer Status under the Fair Labor Standards Act (the “2020 Rule”). The DOL’s action removes the regulations established...more

#WorkforceWednesday: Biden Seeks to Boost Competition, HERO Act Guidance, and Key Nominees Advance - Employment Law This Week®

Epstein Becker & Green on 7/21/2021

It's #WorkforceWednesday! This week, we focus on President Biden's recent push to limit non-compete agreements and finalize key labor and employment appointments. Biden Executive Order Seeks to Boost Competition President...more

U.S. DOL Signals Tougher Stance on Federal Classification of Workers as Independent Contractors

FordHarrison on 5/11/2021

On May 6, 2021, the United States Department of Labor (DOL) withdrew proposed rules set by the Trump Administration, which were originally intended to revise the test for classifying workers as independent contractors at the...more

DOL Withdraws Independent Contractor Rule

Burr & Forman on 5/11/2021

On May 5, 2021, the Department of Labor (DOL) announced a final rule to withdraw a Trump-era independent contractor rule for determining how to classify workers under the Fair Labor Standards Act (FLSA). The DOL stated that...more

[Webinar] The Biden Labor Platform: Beyond The First 100 Days - May 18th, 12:00 pm - 1:15 pm CDT

McDermott Will & Emery on 5/11/2021

Biden’s Labor Agenda Through Executive Action and Changes At the Department of Labor - Before the 2020 election, then US Presidential candidate Joe Biden vowed to be the “strongest labor president you have ever had.” And...more

Department of Labor Officially Withdraws Trump-Era Independent Contractor Final Rule

Benesch on 5/10/2021

On May 5, 2021, the U.S. Department of Labor withdrew the pro-business Independent Contractor Final Rule published in the final days of President Trump’s administration. This withdrawal follows the Department of Labor’s...more

DOL Officially Axes Independent Contractor Rule of Previous Administration

Pullman & Comley - Labor, Employment and... on 5/10/2021

It’s official – the U.S. Department of Labor has withdrawn the Independent Contractor Rule that was to become effective on May 7th. The rule – proposed by the DOL during the Trump administration – had overwhelming support...more

Beltway Buzz - May 2021

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/10/2021

DOL Rescinds Independent Contractor Rule. On May 6, 2021, the U.S. Department of Labor (DOL) issued a regulation rescinding its independent contractor rule, which was finalized on January 7, 2021, but never went into effect....more

DOL announces withdrawal of Trump administration independent contractor rule

Bricker Graydon LLP on 5/5/2021

On May 5, 2021, the Department of Labor (DOL) confirmed it is withdrawing the rule promulgated under the Trump administration addressing how to determine whether a worker is an employee or independent contractor under the...more

A Brand-New Employment Equation? The Biden Administration 100-Day Report for Employers

Fisher Phillips on 5/4/2021

Why are the first 100 days so important? It’s often said that a president’s first 100 days in office are the most critical in their administration, as that’s when they have the most political capital – and therefore can...more

DOL Proposes to Scrap Employer-Friendly Independent Contractor Rule

Pullman & Comley - Labor, Employment and... on 3/19/2021

The Department of Labor (DOL) has officially published its notice proposing to withdraw the new rule – issued two weeks before the change in Presidential Administrations – allowing employers to more easily classify workers as...more

DOL’s Second Try at Prevailing Wage Rule May Impact H-1B and Green Card Filings

Burr & Forman on 1/25/2021

After federal courts blocked their first attempt in December, the U.S. Department of Labor (“DOL”) recently published a new final rule seeking to again increase the minimum wage paid to foreign workers when sponsored for an...more

Labor Department Issues New Rule for Independent Contractor Status

Akerman LLP - HR Defense on 1/20/2021

With no clear guidance and different factors being given different weight by different courts, employers have struggled for years with whether workers can be properly classified as independent contractors, rather than...more

DOL Provides Clarity Regarding Independent Contractors

Polsinelli on 1/14/2021

Employers now have a clearer picture of how to determine whether a worker is classified as an employee or independent contractor under the Fair Labor Standards Act (FLSA) thanks to a new final rule from the U.S. Department of...more

New York Federal Court Strikes Down Primary Element Of DOL’s New ‘Joint Employer’ Rule

Jackson Lewis P.C. on 9/14/2020

A federal district court in New York has struck down a significant portion of the recently promulgated Final Rule issued by the U.S. Department of Labor (DOL) regarding the standard for establishing joint-employer liability...more

Bloomberg Law Reports DOL Misclassification Rule Could Be In Jeopardy

Fisher Phillips on 8/14/2020

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

Seyfarth Policy Matters Newsletter - February 2020 #3

Seyfarth Shaw LLP on 3/3/2020

NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

Employers Receive Guidance in DOL Final Joint Employer Rule

Akerman LLP - HR Defense on 2/24/2020

Effective March 16, 2020, employers will be able to use a four-factor balancing test in determining joint employment status under the Fair Labor Standards Act (FLSA), based on the new final rule adopted by the Department of...more

Final Rule Issued by US Department of Labor Clarifying Joint Employment under the Fair Labor Standards Act

McNees Wallace & Nurick LLC on 2/6/2020

As a follow up to its Notice of Proposed Rulemaking issued in April 2019, the US Department of Labor (DOL) announced on January 12, 2020, the issuance of a Final Rule to revise and clarify the standard for joint employment...more

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