News & Analysis as of

Joe Biden Wage and Hour

Jackson Lewis P.C.

Nomination of Acting DOL Secretary Julie Su is Sent Back to the White House

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The nomination of Acting Secretary of Labor Julie Su to serve as permanent DOL Secretary has been returned to the White House after failing to garner sufficient support to clear a path to confirmation by the full Senate,...more

Jackson Lewis P.C.

Labor Secretary Nominee Survives Committee Vote

Jackson Lewis P.C. on

By an 11-10 vote, Labor Secretary nominee Julie Su barely garnered the approval of the Senate Committee on Health, Education, Labor, and Pensions, but her chances of success before the full Senate remain unknown....more

Jackson Lewis P.C.

Biden’s Labor Secretary Nominee Faces Scrutiny, Reveals Position on Independent Contractor and Joint Employer Policies

Jackson Lewis P.C. on

Labor Secretary nominee Julie Su continues to face close scrutiny by Republican members of the Senate Committee on Health, Education, Labor, and Pensions, at least some of whom believe she is not qualified for the position....more

Jackson Lewis P.C.

Top Five Labor Law Developments for January 2023

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1. More than 220,000 workers participated in over 300 total work stoppages in 2022, according to a Bloomberg Law report. The number of strikes is the highest recorded in 17 years. While the majority of work stoppages involved...more

Jackson Lewis P.C.

President Biden Calls on Congress to Avoid Mass Railroad Strike

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President Joe Biden has asked Congress to step in and enact legislation in the hopes of preventing a nationwide railway strike. The move comes after four of 12 national railroad labor unions rejected a proposed bargaining...more

Jackson Lewis P.C.

How Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims Affects Construction

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In an industry often targeted by anti-discrimination agencies, construction industry employers need to be aware of a new law that makes it more difficult to enforce existing arbitration agreements for sexual assault and...more

Jackson Lewis P.C.

Biden’s Wage and Hour Division Head Nominee Fails In Senate

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Earlier this year, the absence of Senator Rand Paul (R-Ky.) from a meeting of the Health, Education, Labor and Pensions Committee enabled David Weil, President Biden’s nominee to head the Wage and Hour Division (WHD) of the...more

Jackson Lewis P.C.

DOL Withdrawal of Trump-Era Independent Contractor Final Rule Unlawful, Court Rules

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) unlawfully delayed and then withdrew the Independent Contractor (IC) Final Rule, published in the waning days of the Trump Administration, a federal court in Texas has held. Coalition for...more

Husch Blackwell LLP

Biden's NLRB Targeting Employee Misclassification as Independent ULP

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The National Labor Relations Act (Act) protects employees’ right to unionize (and not unionize), and to engage in other “protected concerted activity.” These are basic rights guaranteed to employees under Section 7 of the...more

Jackson Lewis P.C.

Federal Service Contractors Should Start Preparing Now for New Biden Executive Order “Nondisplacement of Qualified Workers Under...

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Through a new Executive Order, President Biden has revived and revamped the Obama-era requirement that successor contractors with Service Contract Act contracts hire their predecessor’s employees...more

Jackson Lewis P.C.

The Infrastructure Investment and Jobs Act: Key Takeaways for Employers

Jackson Lewis P.C. on

On November 15, 2021, President Joe Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. According to the White House, the IIJA will play an important role in rebuilding and improving roads,...more

Jackson Lewis P.C.

DOL Publishes Final Rule Implementing President Biden’s $15 Federal Contractor Minimum Wage Executive Order 14026

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The Department of Labor (DOL) has published its Final Rule implementing President Biden’s April 27, 2021, Executive Order 14026 raising the minimum wage from $10.95 an hour to $15 an hour (with increases to be published...more

Constangy, Brooks, Smith & Prophete, LLP

Biden Administration Ends Workplace Immigration Raids, Will Focus On Employers Instead

The Biden Administration is ending worksite raids to catch unauthorized workers, according to a memorandum issued last week by Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security. In doing so, the...more

Jackson Lewis P.C.

Top Five Labor Law Developments For August 2021

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1. Democrats now hold a majority of seats on the National Labor Relations Board (NLRB). The new Democratic majority on the NLRB became official on Saturday, August 28, when President Joe Biden’s nominee David Prouty was sworn...more

Jackson Lewis P.C.

$11.25 Minimum Wage Effective January 1, 2022 For Federal Contractors Subject To Obama-Era Executive Order

Jackson Lewis P.C. on

In the flurry of activity surrounding President Biden’s Executive Order 14042 – Ensuring Adequate COVID Safety Protocols for Federal Contractors, federal contractors are also awaiting approval of regulations to implement...more

Constangy, Brooks, Smith & Prophete, LLP

Some Questions About The Coming Vaxx Mandate

Idle speculation as employers await the actual guidance. As you know, last week President Biden issued Executive Orders and a directive to the Occupational Safety and Health Administration to require many, many employers...more

McGlinchey Stafford

How Can Employers Prepare For Biden’s Vaccine/Testing Mandate?

McGlinchey Stafford on

On Thursday, September 9, 2021, President Biden announced that the Department of Labor is preparing to mandate that all business with 100 or more workers require their employees to either get vaccinated against the...more

Husch Blackwell LLP

NLRB General Counsel’s Wish List: Reverse The Trump Board

Husch Blackwell LLP on

After President Biden won the November 2020 general election, nobody really expected the National Labor Relations Board’s (“NLRB’s”) employer-friendly doctrines to survive the new Administration. And they won’t...more

Constangy, Brooks, Smith & Prophete, LLP

Second Shoe Drops On Trump “Joint Employer” Regulations Under FLSA

On July 30, the U.S. Department of Labor published a final rule under the Administrative Procedure Act that rescinds regulatory changes that governed when “joint employer” status arises under the Fair Labor Standards Act. The...more

Constangy, Brooks, Smith & Prophete, LLP

Proposed Rule Issued On Minimum Wage Increase For Federal Contractors

Déjà vu! As we previously reported, President Biden signed Executive Order 14026 on April 27, to increase the minimum wage for some federal contractors. The U.S. Department of Labor has now issued proposed regulations to...more

Jackson Lewis P.C.

DOL Tells Court It Will Not Defend Proposed Prevailing Wage Rule

Jackson Lewis P.C. on

The Department of Labor (DOL) has informed a federal court in California that it did not wish to defend the proposed prevailing wage rule, which would impose steep wage hikes, “at the same time that is internally evaluating...more

Fox Rothschild LLP

David Weil To Head Up Wage Hour Division At USDOL: An Indicator Of Things To Come.

Fox Rothschild LLP on

I have commented, as many others, that the Biden USDOL will be far more employee friendly and protective of employee rights. More proof has arrived. The President has nominated David Weil to be the head official at the Wage...more

Jackson Lewis P.C.

Top Five Labor Law Developments For May 2021

Jackson Lewis P.C. on

President Joe Biden has nominated union-side attorney Gwynne Wilcox to fill a vacant seat on the National Labor Relations Board (NLRB). Wilcox is a partner at the union-side labor and employment firm Levy Ratner P.C. Among...more

Jackson Lewis P.C.

Federal Contractor $15 Minimum Wage Will Apply Beginning January 30, 2022

Jackson Lewis P.C. on

President Joseph Biden has fulfilled a promise to significantly increase the minimum wage for federal contractor workers working “on or in connection with” a covered federal contract. He has issued an executive order raising...more

Constangy, Brooks, Smith & Prophete, LLP

Federal Paid Leave Laws May Be On The Way

And here are the details, such that they are. In his address to the Joint Session of Congress on Wednesday evening, President Joe Biden formally announced (among other things) the paid leave provisions of his American...more

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