News & Analysis as of

Proposed Rules Federal Labor Laws

Cozen O'Connor

Quick Hits: OSHRC Down to Zero Commissioners and Heat Illness Update

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The Occupational Safety and Health Review Commission (OSHRC) is the independent agency that hears ALJ appeals of OSHA citations. OSHRC consists of three members who are appointed by the President, with the advice and consent...more

Conn Maciel Carey LLP

Fed OSHA Heat Illness Rulemaking – Next Steps for Employers Heat Illness Prevention Rulemaking Coalition

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We are providing an update on federal OSHA’s Heat Illness Prevention rulemaking and hopefully starting a meaningful dialogue with the employer community about potential next steps for this controversial rulemaking. Conn...more

Pierce Atwood LLP

OSHA in 2025: Observations and Expectations

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The beginning of the second Trump administration has left employers asking myriad questions with respect to the Occupational Safety and Health Administration (OSHA). Are there plans to eliminate OSHA? Will inspections and...more

Conn Maciel Carey LLP

Biden’s OSHA Pushes Heat Illness Prevention Rule Close to the Finish Line - UPDATED 4/14/25

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On January 14, 2025, just six days before the transition from the Biden Administration to the second Trump Administration, OSHA closed the books on collecting public comments about the agency’s Notice of Proposed Rulemaking...more

Goldberg Segalla

Anticipated Regulatory Changes with OSHA

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With President Donald Trump now in his second term, several changes to the Occupational Safety and Health Administration (OSHA) are anticipated based on his previous administration’s approach, current policy signals, and the...more

Woods Rogers

Stumbling Your Way Into a Union: Key Advice for Employers: What’s the Tea in L&E?

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What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this short video, Woods Rogers Labor & Employment attorney Patrick Bolling joins Leah Stiegler to explore a new...more

Berkshire

UPDATE: FAR Council Proposals Withdrawn

Berkshire on

In January 2024, the Federal Acquisition Regulatory Council (FAR Council) proposed a rule that would One year later on January 8, 2025, the FAR Council has withdrawn their proposed rule....more

Bass, Berry & Sims PLC

Federal Court Enjoins FTC From Implementing Non-Compete Ban

A federal judge in the Northern District of Texas has enjoined the Federal Trade Commission from implementing its Rule banning non-compete agreements and stayed the effective date of the Rule while the underlying lawsuit...more

Seyfarth Shaw LLP

FTC Approves Rule Banning Non-Competes With Workers

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This afternoon, the FTC voted to adopt a proposed final rule banning most non-competes with workers in the United States. The final rule provides that it is an unfair method of competition—and therefore a violation of Section...more

Seyfarth Shaw LLP

U.S. DOL Releases Final Overtime Rule—Effective July 2024

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Yesterday, the U.S. DOL unveiled its final overtime rule. The rule significantly increases the minimum salary for so-called “white collar” employees to be exempt from the federal FLSA’s overtime pay requirements. This...more

Fox Rothschild LLP

Federal Court Throws Out NLRB’s Controversial Joint Employer Rule

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In a move welcomed by employers nationwide, a Texas federal court judge has vacated the National Labor Relations Board’s proposed joint employer rule. The decision, handed down late on March 8, 2024 by Judge J. Campbell...more

Holland & Knight LLP

U.S. Labor Department Issues Final Rule on Independent Contractors

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The U.S. Department of Labor (DOL) published its final rule on employee or independent contractor classification under the Fair Labor Standards Act (FLSA) on Jan. 10, 2024. The final rule is effective March 11, 2024. It...more

Ballard Spahr LLP

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSA

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On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Troutman Pepper Locke

Department of Labor Introduces New Proposal to Revise Salary Threshold

Troutman Pepper Locke on

On August 30, the Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking to increase the white-collar exemption salary threshold — that is, the amount an executive, administrative, or professional employee...more

Polsinelli

Department of Labor Proposes Rule to Increase Overtime Protections

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On August 30, 2023, the U.S. Department of Labor (DOL) introduced a proposed rule that would increase the minimum salary required for an employee to be exempt under any of the so-called “White Collar Exemptions” from overtime...more

Stinson LLP

EEOC Proposes New Regulations For Pregnant Workers Fairness Act

Stinson LLP on

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

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

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

Polsinelli on

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

Department of Labor Proposes New Rule for Independent Contractor Status

Littler on

On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor.  FLSA...more

Nelson Mullins Riley & Scarborough LLP

NLRB Proposes to Expand Joint-Employer Liability Standard

The National Labor Relations Board (NLRB) is currently seeking public comment on its proposed rule change that would expand the scope of joint-employer liability under the National Labor Relations Act (NLRA). If implemented,...more

Franczek P.C.

NLRB Proposes New Rule Expanding Scope of Joint-Employer Standard: What Might This Mean for You?

Franczek P.C. on

On September 6, the National Labor Relations Board (the Board) issued a proposed rule to revise the current standard to determine whether employers are “joint employers” under the National Labor Relations Act (NLRA). The...more

Parker Poe Adams & Bernstein LLP

NLRB Continues Political Tennis Match by Reversing Joint Employer Rule

​​​​​​​In 2015, the Democrat-controlled National Labor Relations Board (NLRB) adopted a new standard for determining when two employers are jointly covered under federal labor laws applicable to a single set of employees. The...more

Polsinelli

NLRB Poised to Expand Definition of Joint Employers

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The National Labor Relations Board has issued a proposed rule that would, once again, relax the burden to demonstrate joint employer liability. This action is a step toward reversing the Trump administration’s rule which...more

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