News & Analysis as of

Wage and Hour New Guidance

Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors

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On May 1, 2025, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden administration — a...more

Akerman LLP - HR Defense

DOL Signals Changes to Independent Contractor Rule

On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the...more

Lathrop GPM

U.S. DOL Likely to Alter Employee vs. Independent Contractor Classification Rules Under FLSA

Lathrop GPM on

Newly published guidance may mean it will be easier for employers to classify workers as independent contractors under the federal Fair Labor Standards Act (FLSA)....more

Brooks Pierce

Update: DOL Investigators Directed Not to Apply 2024 Independent Contractor Rule

Brooks Pierce on

New U.S. DOL Guidance on Independent Contractor vs. Employee Analysis -On May 1, 2025, the U.S. Department of Labor (“U.S. DOL”) Wage & Hour Division issued a field assistance bulletin (“FAB”) to guide investigators on...more

BakerHostetler

DOL Softens Bite on Independent Contractor Test

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The DOL announced that it will not enforce the 2024 independent contractor rule. The pre-2024 multi-factor test will be used for FLSA worker classification disputes....more

Jackson Lewis P.C.

National Employee Benefits Day: Reflecting on Our Favorite Holiday

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Each year, National Employee Benefits Day is a chance to reflect on the ever-changing landscape of employer-sponsored benefits. Indeed, this year may be the most pivotal since 2020’s COVID-19 relief guidance. Affecting the...more

Troutman Pepper Locke

FTC and DOJ Issue Antitrust Guidelines for Business Activities Affecting Workers

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On January 16, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) issued “Antitrust Guidelines for Business Activities Affecting Workers” (2025 Guidelines). The 2025 Guidelines aim to “promote clarity and...more

Mintz - Employment Viewpoints

DOL Issues Opinion Letter Clarifying Intersection of FMLA and State or Local Paid Family and Medical Leave Benefits

Shortly before the Trump Administration started, the U.S. Department of Labor (DOL) issued an opinion letter clarifying the “substitution” provision under the federal Family and Medical Leave Act (FMLA) when it intersects...more

Jackson Lewis P.C.

The DOL Issues New Guidance On The Relationship Between The FMLA and State Paid Family Medical Leave Programs

Jackson Lewis P.C. on

Employers face a complicated patchwork of state, local and federal laws governing time off for family and medical reasons. The intersection of these often-overlapping laws creates numerous issues including how to handle time...more

Amundsen Davis LLC

FMLA, State-Mandated, or Employer-Sponsored Leave? New U.S. Department of Labor Guidance for Employers Tries to Answer Tricky...

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As states and cities have created new paid family and medical leave requirements for employers, the layers of overlapping regulation have left even the most seasoned employee benefits professionals and leave administrators...more

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

DOL Clarifies That FMLA Paid Leave Substitution Rules Apply When Employees Receive State or Local Paid Leave Benefits

As more states implement paid family leave programs, employers increasingly are faced with questions about how these state programs interact with Family Medical Leave Act of 1993 (FMLA) regulations. A recent opinion letter...more

Brooks Pierce

Counting Down to the New Year: Ten “Need-to-Know” Labor and Employment Developments of 2024

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2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...more

BakerHostetler

UPDATE: January 1, 2025 Due Date: New York Employers Should Prepare Now for the New Paid Prenatal Leave Law

BakerHostetler on

Soon after we hit “publish” on our blog post about New York’s paid prenatal leave law, the New York State Department of Labor (NYSDOL) posted the guidance we have all been waiting for. In a series of frequently asked...more

Baker Botts L.L.P.

Department of Labor Releases "Best Practices" Guide for Employers Using Artificial Intelligence

Baker Botts L.L.P. on

The U.S. Department of Labor (DOL) recently released new non-binding guidelines for employers and developers using artificial intelligence (AI). These guidelines build on the DOL’s May 2024 release of eight AI “principles”...more

Seyfarth Shaw LLP

If Pain, Yes Gain — Part 125: Michigan DOL Publishes Updated Paid Sick Leave Materials as Amended Law’s February 2025 Effective...

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Effective February 21, 2025, Michigan’s Earned Sick Time Act (“ESTA”) will replace the Paid Medical Leave Act (“PMLA”). As detailed in our prior update, the ESTA is a significantly more pro-employee mandate than the current...more

Kaufman & Canoles

[Virtual Event] 40th Annual Employment Law Update - October 24th, 9:00 am - 4:30 pm ET

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Sometimes it seems employers are awash with new employment laws and regulations that require effective HR help to navigate. This year’s 40th ELU is designed to update employers on developments like the new proposed EEOC...more

Seyfarth Shaw LLP

Wage and Hour Around the Corner: DOL Issues Guidance on Wage-Hour Risk Posed by Artificial Intelligence

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The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes...more

Pullman & Comley - Labor, Employment and...

More Than a Remote Possibility: Why Your Remote Out of State Employees May Be Entitled to Federal FMLA Leave

In our post-COVID world, it is common for employers to hire fully remote employees who work out of state. One of the challenges many employers face in this remote-work world is how to address complicated HR issues such as...more

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

Minnesota Adopts New Rules for Parental Leave, Tips, and Recordkeeping Starting August 1, 2024

New laws in Minnesota will change how employers need to handle parental leave, tips, and recordkeeping. Most of the changes were part of the state’s omnibus bill for 2024 and are set to take effect on August 1, 2024....more

Bricker Graydon LLP

Navigating Artificial Intelligence in the Workplace

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An employee time traveling to today’s workplace from the 1980s would be astounded at where we’ve arrived. While we don’t (yet!) have flying cars as imagined by many 1980’s sci-fi movies, the world of work is undergoing its...more

Littler

In Advance of July 1 Compliance Deadlines, Chicago Agency Posts Updated Guidance and Notices for the City’s Minimum Wages, Paid...

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The Chicago Department of Business Affairs and Consumer Protection (BACP) Office of Labor Standards (COLS) recently posted updates to its website regarding minimum wage obligations, paid leave and paid sick and safe leave,...more

Bradley Arant Boult Cummings LLP

Welcoming Our Robot Overlords? Navigating New Guidance on AI

As technology continues to evolve, so do the dynamics of labor and employment. The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) recently issued Field Assistance Bulletin No. 2024-1 (FAB 2024-1). FAB...more

Littler

New Guidance Permits Oregon Employers to Rescind Previously Protected Unpaid Family and Medical Leave Effective July 1, 2024

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Oregon’s Paid Family and Medical Leave Insurance Program (“Paid Leave Oregon”) generally provides eligible employees with up to 12 weeks of paid time off for leave that qualifies as family, medical, or safe leave. Since Paid...more

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

DOL’s Wage and Hour Division Issues New Guidance on Employers’ Use of AI

On April 29, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published new guidance clarifying employers’ obligations under federal labor laws as they pertain to use of automated systems and artificial...more

CDF Labor Law LLP

The DOL’s New Guidance for AI and its Impact in the Workplace

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It goes without saying that Artificial Intelligence (“AI”) is no longer just a concept in science fiction movies. With the technological advancements that AI provides, it is no wonder that employers are turning to AI to hire...more

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