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Department of Labor Tightens the Screws on Contractor Classification

As widely anticipated, on October 11, the Wage and Hour Division of the United States Department of Labor (DOL) issued a proposed rule revising its analysis of what constitutes an employee under the Fair Labor Standards Act...more

National Labor Relations Board Proposes Expansive New Rule For Joint Employment Status

It has been the source of speculation for some time that the standard for determining whether entities that have a business relationship are deemed for labor enforcement purposes to be joint employers will soon be revised. On...more

Employers Beware: NLRB Expands Scope of Protected Concerted Activity

As previously reported, in September of 2021, the General Counsel for the National Labor Relations Board (NLRB) issued memoranda directing regional offices to pursue an expanded array of remedies against employers in unfair...more

National Labor Relations Board Reconsiders Test for Employment Status

It has been the source of speculation for some time that the standard for determining whether a worker is correctly classified as an employee or an independent contractor will soon be revised. On December 27, 2021, the...more

Federal Employment Agencies Announce Joint Anti-Retaliation Initiative

As further evidence that the Biden administration is laser-focused on protecting employee rights, the United States Equal Employment Opportunity Commission (EEOC), the United States Department of Labor (DOL), and the National...more

Private Employers Beware as NLRB Ramps Up Enforcement

During the Obama administration, the National Labor Relations Board (NLRB) aimed at employment policies prohibiting employees’ use of private employers’ equipment, including work emails and IT resources, and certain policies...more

NLRB’s 2020 Vision is More Employer-Friendly

With the beginning of a new decade comes further evidence of the National Labor Relations Board’s resolve to roll back prohibitive rulings issued during the Obama era. On December 16, 2019, the NLRB issued two rulings which...more

NLRB Proposes New Joint Employer Standard

In November 2017, the United States Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board (“NLRB”). On December 1, 2017, Mr. Robb issued Memorandum GC 18-02 (“Memorandum”) in which he...more

NLRB’s New General Counsel Signals Major Policy Changes Are On The Way

In November 2017, the United States Senate confirmed Peter Robb as the new General Counsel for the National Labor Relations Board (“NLRB”). On December 1, 2017, Mr. Robb issued Memorandum GC 18-02 (“Memorandum”) in which he...more

Shifting Sands Continue to Undermine Traditional Definitions of Employment

On June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view of the employment relationship...more

EEOC Seeks Input Regarding Proposed Harassment Enforcement Guidance

On January 10, 2017, the United States Equal Employment Opportunity Commission (EEOC) issued proposed enforcement guidance on preventing workplace harassment for which it seeks input before implementation. The deadline for...more

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