On October 26, 2023, the National Labor Relations Board (“NLRB” or “the Board”) released a final rule setting forth the standard for joint-employer status under the National Labor Relations Act (“NLRA” or “the Act”). The rule...more
On August 30, 2023, the Wage and Hour Division of the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) to revise the “white collar” overtime exemption regulations applicable to executive,...more
8/31/2023
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
On June 14, 2023, the European Parliament voted to approve the first draft of the new AI Act, the world’s first comprehensive law regulating artificial intelligence (“AI”). Although the law has not yet been passed and may be...more
6/22/2023
/ Artificial Intelligence ,
Corporate Counsel ,
Employer Liability Issues ,
EU ,
Innovative Technology ,
International Labor Laws ,
Labor Reform ,
Legislative Agendas ,
Machine Learning ,
Non-Discrimination Rules ,
Pending Legislation ,
Regulatory Agenda
On June 13, 2023, the National Labor Relations Board (“NLRB” or “the Board”) issued its long-awaited decision in The Atlanta Opera, in which it overturned prior law (SuperShuttle DFW, Inc.) and reinstated a narrower test for...more
In the wake of its recently issued rules regarding New York City Local Law 144 (“Local Law 144”), the New York City Department of Consumer and Worker Protection (DCWP) will be holding an educational roundtable on May 22,...more
4/28/2023
/ Artificial Intelligence ,
Business Roundtable ,
City of New York ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Innovative Technology ,
Labor Reform ,
Machine Learning ,
Regulatory Agenda ,
State Labor Laws
After several rounds of public comment and revision, on April 5, 2023 New York City published final regulations implementing its first-in-the-nation ordinance that regulates the use of AI-driven hiring tools (Local Law 144 of...more
4/14/2023
/ Adverse Employment Action ,
Artificial Intelligence ,
Bias ,
City of New York ,
Employer Liability Issues ,
Employment Discrimination ,
Final Rules ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
Machine Learning ,
Regulatory Agenda
With one day left to spare before the deadline to introduce new bills, on February 16, 2023, California Assemblymember Chris Holden (D-41) introduced Assembly Bill 1228, the “Fast Food Franchisor Responsibility Act.” This...more
2/22/2023
/ California ,
Employees ,
Employer Liability Issues ,
Fast-Food Industry ,
Franchisee ,
Franchisors ,
Joint Employers ,
Labor Reform ,
Proposed Legislation ,
Regulatory Agenda ,
Restaurant Industry ,
State Labor Laws ,
Wage and Hour
Amidst the flurry of activity taking place before the end of the 117th U.S. Congress, the House of Representatives quietly passed the Speak Out Act on November 16, 2022, by an overwhelming majority. The bill previously...more
12/13/2022
/ #MeToo ,
Anti-Harassment Policies ,
Biden Administration ,
Complaint Procedures ,
Employer Liability Issues ,
Employment Contract ,
Labor Reform ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Sexual Assault ,
Sexual Harassment ,
Unenforceable Contract Terms
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
10/12/2022
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
On September 23, 2022, the New York City Department of Consumer and Worker Protection (DCWP) proposed additional rules relating to Local Law 144 of 2021, which will regulate the use of automated employment decision tools...more
On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National...more
On June 21, 2022, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. These semi-annual regulatory agendas outline federal agency goals for the months ahead. Although the...more
6/23/2022
/ Biden Administration ,
Corporate Counsel ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Federal Labor Laws ,
Labor Reform ,
Labor Relations ,
NLRB ,
OSHA ,
Regulatory Agenda ,
Unions ,
Wage and Hour ,
White-Collar Exemptions
On March 18, 2022, the U.S. Department of Labor (DOL) published a notice of proposed rulemaking in the Federal Register, calling for the most sweeping revisions to the rules governing Davis-Bacon Act (DBA) enforcement since...more
National Labor Relations Board (“NLRB” or “the Board”) General Counsel Jennifer Abruzzo continues to push the Board to take aggressive and unprecedented pro-labor stances, seeking to overturn decades of well-settled...more
4/13/2022
/ Biden Administration ,
Collective Bargaining ,
Employee Rights ,
Employer Rights ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Policy Statement ,
Regulatory Agenda ,
Union Elections ,
Unions
On March 15, 2022, the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws that would dramatically expand the liability exposure and obligations of employers...more
3/18/2022
/ Adverse Employment Action ,
Algorithms ,
Artificial Intelligence ,
Automation Systems ,
California ,
Employer Liability Issues ,
Labor Reform ,
Machine Learning ,
Non-Discrimination Rules ,
Public Meetings ,
Regulatory Agenda ,
State Labor Laws
On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more
3/16/2022
/ Administrative Procedure Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Over-Time ,
Statutory Violations ,
Wage and Hour
With supporters of the Protecting the Right to Organize (PRO) Act unable to advance the legislation under the regular rules of the Senate, they are now attempting to move pieces of the legislation by way of special rules...more
9/9/2021
/ Budget Reconciliation ,
Federal Budget ,
Labor Reform ,
Legislative Agendas ,
NLRA ,
NLRB ,
Penalties ,
Regulatory Agenda ,
Unfair Labor Practices ,
Union Organizers ,
Unions
On May 28, President Biden released his $6 trillion budget proposal for the 2022 fiscal year. While final spending decisions are decided by Congress, the president’s budget submission typically provides a general idea of...more
On May 26, 2021, President Joseph R. Biden nominated Gwynne Wilcox to fill an open seat on the National Labor Relations Board. Wilcox is currently a senior partner at a labor-side labor and employment firm, and is assistant...more
On May 6, 2021, the U.S. Department of Labor formally withdrew final regulations promulgated earlier this year under the prior administration which set forth, for the first time by way of an Administrative Procedure Act...more
5/14/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Wage and Hour
In September 2020, then-candidate Joe Biden promised organized labor that, if elected, he would be the “strongest labor president you’ve ever had.” In his first 100 days in office, now President Biden has acted quickly and...more
5/4/2021
/ Biden Administration ,
Collective Bargaining ,
Corporate Counsel ,
Diversity and Inclusion Standards (D&I) ,
Federal Contractors ,
Infrastructure ,
Labor Reform ,
Labor Regulations ,
LGBTQ ,
Minimum Wage ,
NLRA ,
Tip Credit ,
Tipped Employees ,
Unions ,
Wage and Hour
On April 27, 2021, President Joseph R. Biden issued an executive order increasing the minimum wage for workers working on or in connection with a federal government contract. Under the order, federal contractors will be...more
4/29/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
President Biden continues to make good on his campaign promise to be the most labor-friendly president ever. On April 26, 2021, he issued an executive order that seeks to increase union organization and strengthen the hand...more
On March 31, 2021, President Biden unveiled his $2 trillion infrastructure plan, the American Jobs Plan (AJP), which comes on the heels of the enactment of last month’s $1.9 trillion COVID-recovery legislation, the American...more
Executive Summary -
The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19...more