Understanding the scope and requirements of the Americans with Disabilities Act (ADA) has been an ongoing challenge for employers. A recent court decision has added to this complexity by clarifying the interpretation of what...more
As we previously reported, in April 2024 the Equal Employment Opportunity Commission (EEOC) issued its final regulations implementing the Pregnant Workers Fairness Act (PWFA). Among other things, the rule stated that...more
Classifying a worker as an independent contractor rather than an employee can be one of the more complicated—and risky—decisions an employer can make, as misclassification can lead to serious legal and financial consequences....more
5/7/2025
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
New Regulations ,
Regulatory Reform ,
Trump Administration
In his first fifty days in office, President Trump has taken numerous actions to consolidate the power of the Executive Branch. Shortly after taking office, he dismissed heads of multiple Executive Branch agencies and...more
Last week, President Trump’s nominee for Secretary of Labor, former Oregon Congresswoman Lori Chávez-DeRemer, appeared before the Senate Committee on Health, Education, Labor, and Pensions for her confirmation hearing. Her...more
2/27/2025
/ Biden Administration ,
Department of Labor (DOL) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Labor Reform ,
LGBTQ ,
NLRB ,
Non-Compete Agreements ,
Regulatory Agenda ,
Regulatory Reform ,
Trump Administration ,
Unions
Significant attention has been given to President Trump’s actions regarding Diversity, Equity, and Inclusion (DEI) programs and policies, but the impact of those actions on private sector employees has not been clear. On his...more
2/27/2025
/ Affirmative Action ,
Civil Rights Act ,
Compliance ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Trump Administration
On November 15, 2024, the US District Court for the Eastern District of Texas overturned the Department of Labor’s (DOL) final rule which increased the salary threshold for workers to be exempt from overtime requirements. In...more
11/19/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Regulations ,
Minimum Salary ,
Over-Time ,
Regulatory Requirements ,
Salaried Employees ,
State and Local Government ,
Threshold Requirements ,
Wage and Hour
This summer, eyes were focused on the Federal Trade Commission and its announced rule seeking to invalidate millions of non-compete agreements across the country. That rule was ultimately struck down in the Court, but federal...more
After a summer of speculation, businesses and individuals across the country were provided some clarity as the Federal Trade Commission’s (FTC) rule invalidating millions of non-compete agreements was struck down by a federal...more
The Federal Trade Commission’s (FTC) push to invalidate non-compete agreements for millions of workers gained steam today, courtesy of a ruling out of the Eastern District of Pennsylvania. As noted by this blog, in April of...more
Yesterday, the Federal Trade Commission (“FTC”) announced its long-anticipated final rule finding that the vast majority of non-compete agreements constitute unfair methods of competition, and are thus invalid. An estimated...more
5/1/2024
/ Competition ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
On April 15, 2024 the Equal Employment Opportunity Commission (EEOC) announced its finalized regulations of the Pregnant Workers Fairness Act (PWFA). Effective last year, the PWFA requires employers to provide reasonable...more
On January 9, 2024, the Department of Labor announced that the changes to its independent contractor rule under the Fair Labor Standards Act (FLSA) which were proposed last year will go into effect starting March 11, 2024....more
Employers seeking to enforce non-compete agreements against their former employees will face a new hurdle following the latest news out of Washington, DC. National Labor Relations Board (“NLRB”) General Counsel Jennifer A....more
Ever since the Sixth Circuit dissolved the injunction to OSHA’s Emergency Temporary Standard (ETS), which mandates employers with 100 employees or more to require employees be vaccinated or submit to weekly testing and wear...more
1/20/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety