News & Analysis as of

Wage and Hour Regulatory Reform

Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors

Foley & Lardner LLP on

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

Littler

NYS Legislature and Governor Hochul Reach Agreement in State Budget to Limit Damages on Frequency-of-Pay Cases

Littler on

In a significant development for New York employers, the New York State Legislature and Governor Kathy Hochul have agreed to amend the New York Labor Law (NYLL) to limit the damages available in so-called “frequency-of-pay”...more

Parker Poe Adams & Bernstein LLP

DOL Announces Abandonment of Independent Contractor Rule

In 2024, the Department of Labor adopted regulations limiting the definition of independent contractors exempt from the provisions of the Fair Labor Standards Act’s overtime and minimum wage requirements....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

Littler

The Littler Annual Employer Survey Report - May 2025

Littler on

Executive Summary - It has been a turbulent start to 2025 as U.S. employers scramble to adapt to new executive orders, sweeping changes at federal agencies and a growing patchwork of workplace regulations at the state and...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

Littler

Policy Week in Review – May 2025

Littler on

U.S. DOL Pauses Enforcement of Biden-era Independent Contractor Rule  - On April 29, the U.S. Department of Labor issued a press release announcing new guidance on how to determine employee or independent contractor...more

Franczek P.C.

Department of Labor Signals Rescission of FLSA Exemption Salary Thresholds

Franczek P.C. on

The Trump Administration has signaled it intends to reconsider the previously enjoined 2024 rule that would have increased the minimum salary threshold required for an employee to be exempt from overtime under the Executive,...more

Littler

Relief from Steep Pay Transparency Penalties for Businesses in Washington State

Littler on

In welcome news for the business community and a shining example of bipartisan cooperation, the Washington State Legislature has almost unanimously passed an amendment to its pay transparency law that led to hundreds of class...more

Jackson Lewis P.C.

Final Touches: President Trump Rounds Out DOL Leadership with Two Nominees

Jackson Lewis P.C. on

President Donald Trump has nominated Andrew Rogers to lead the Department of Labor’s (DOL’s) Wage and Hour Division (WHD). He also nominated Jonathan Berry to serve as solicitor of labor. Trump sent the nominations to the...more

Weintraub Tobin

An Update on PAGA Reform from the Trenches – Finally, Some Relief for Employers from Meritless Claims

Weintraub Tobin on

Last year, we reported on the reforms to the Private Attorney General Act (PAGA) that Governor Gavin Newsom signed into law on July 1, 2024. The reform legislation was pushed through to avoid a ballot vote on a measure...more

Bradley Arant Boult Cummings LLP

Federal Contractor Minimum Wage Executive Order Revoked

On March 14, 2025, President Donald Trump issued an executive order rescinding several policies from the previous administration, including Executive Order 14026, which had increased the minimum wage for federal contractors....more

Foley & Lardner LLP

Trump Executive Order Affects Federal Contractor Minimum Wage

Foley & Lardner LLP on

On March 14, 2025, the president issued a new executive order (EO) entitled, “Additional Rescissions of Harmful Executive Orders and Actions.” This new executive order revokes EO 14026, issued by President Biden, which raised...more

Cozen O'Connor

Executive Order Rescindments Continue: Next Up, Federal Contractor Minimum Wage

Cozen O'Connor on

On March 14, 2025, President Trump rescinded a second batch of Biden-era executive orders (EOs), including EO 14026 (Increasing the Minimum Wage for Federal Contractors). Issued in 2021, EO 14026 raised the federal...more

Berkshire

Federal Contractor Minimum Wage Mandate Revoked

Berkshire on

Federal contractor employers are no longer subject to special federal minimum wage rates for work performed on or in connection with certain federal contracts. Late last week President Trump issued what might be described as...more

Orrick, Herrington & Sutcliffe LLP

RegFi Episode 58: Earned Wage Access: Charting a Clear Regulatory Path

Ian P. Moloney, Head of Policy and Regulatory Affairs at the American Fintech Council, joins RegFi co-hosts Jerry Buckley and Sherry Safchuk for a conversation about earned wage access (EWA), a service that affords workers...more

Ice Miller

Trump U.S. Department of Education Rescinds Biden Administration NIL Title IX Guidance Previewing a Contentious 2025 for Title IX

Ice Miller on

In a move that was expected, the Trump Administration’s new Department of Education (Department) rescinded the Biden Administration’s January 16, 2025, name, image, and likeness (NIL) guidance applying Title IX to NIL...more

Constangy, Brooks, Smith & Prophete, LLP

Labor & employment in Week 3 of Trump 2: The Empire Strikes Back

Resistance is building. In his third week in office, President Trump is beginning to meet with resistance to some of his initiatives. Here is the latest. Court blocks voluntary separation program -- at least, until Monday....more

Fox Rothschild LLP

With Federal Funding in Flux, Some Employers May Need to Review Layoff Procedures

Fox Rothschild LLP on

Terminations and layoffs are often the subject of employee class action lawsuits, whether they are brought under the federal Fair Labor Standards Act (“FLSA”), the federal Worker Adjustment and Retraining Notification Act...more

Amundsen Davis LLC

What Employers Can Expect Under the Second Trump Administration

Amundsen Davis LLC on

Now that dust has settled from the November 2024 election, here’s what employers should reasonably expect under the incoming Trump administration with a republican controlled Congress and a U.S. Supreme Court that is...more

Buchalter

New Year, New Rules: Turning Up the Heat on California’s 2025 Employment Law Changes

Buchalter on

As the new year approaches, several critical legislative changes in employment law will take effect on January 1, 2025, unless specified otherwise. California employers face a dynamic regulatory landscape in 2025, with...more

King & Spalding

Newsflash - UK Employment Law Changes Confirmed

King & Spalding on

The UK’s new Labour government has unveiled a package of new workers’ rights today (Thursday 10 October 2024), with wide-ranging ramifications for employers. Whilst the majority of measures will not be implemented until 2026...more

Troutman Pepper Locke

Contractor’s Guide to the Revised Davis-Bacon Act Regulations

Troutman Pepper Locke on

Did the 2023 update to the Davis-Bacon and Related Acts, which apply to contractors and subcontractors performing on certain federally funded or assisted contracts, appropriately modernize or unduly expand the Davis Bacon...more

Seyfarth Shaw LLP

PAGA Reform: AB 2288 and SB 92 Passed

Seyfarth Shaw LLP on

PAGA reform was officially introduced in the state Assembly and Senate! The language of the bills were released detailing the most substantive changes to PAGA in its 20-year history, and Governor Newsom signed them into law...more

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