On March 11, 2021, the U.S. Department of Labor (“DOL” or “the Department”) announced proposals to roll back two Trump administration regulations under the Fair Labor Standards Act (“FLSA” or “the Act”)....more
3/12/2021
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Misclassification ,
Wage and Hour
On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act of 2021 (PRO Act) by a largely party-line vote of 225-206. One Democratic Representative voted against the bill; five...more
3/11/2021
/ Arbitration Agreements ,
Collective Bargaining Agreements (CBA) ,
Employee Rights ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
NLRA ,
Proposed Legislation ,
Unions ,
Wage and Hour
On January 21, 2021, President Biden designated Commissioner Charlotte Burrows (D) as the new chair of the U.S. Equal Employment Opportunity Commission (EEOC or “the Commission”). Burrows replaces outgoing Republican Chair...more
In November 2020, Littler’s Workplace Policy Institute (WPI) published its Election Report, a deep dive into the myriad labor and employment policy questions potentially in play depending on the outcome of the election. The...more
1/20/2021
/ Administrative Appointments ,
Biden Administration ,
Congressional Review Act ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Hazard Pay ,
Infectious Diseases ,
Labor Reform ,
Minimum Wage ,
Unemployment Insurance ,
Wage and Hour
On January 6, 2021, the U.S. Department of Labor (DOL) finalized its highly anticipated independent contractor rule. The rule delivers on the DOL’s promise to simplify, clarify and harmonize the factors for determining when...more
On November 23, 2020, the California Department of Fair Employment and Housing issued additional guidance for employers regarding their requirement to file employee compensation data with the state beginning in March of next...more
11/30/2020
/ Corporate Counsel ,
Data Collection ,
DFEH ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Labor Reform ,
Labor Regulations ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Although the 2020 presidential election is technically behind us, razor-thin and contested elections for the presidency and Congress remain, potentially drawing out the uncertainty through the new year. As of the date of...more
11/9/2020
/ Equal Pay ,
Federal Labor Laws ,
Independent Contractors ,
Joe Biden ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
LGBTQ ,
Regulatory Agenda ,
Trump Administration ,
Wage and Hour
The U.S. Equal Employment Opportunity Commission has issued a proposed rule addressing conciliation based on the various laws it enforces, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities...more
10/12/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Comment Period ,
Conciliation ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Labor Reform ,
Labor Regulations ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Title VII
While no one knows what the outcome of the presidential election will be, if Vice President Biden is elected, hospitality employers should expect to see the following labor and employment issues front and center:
A call to...more
9/3/2020
/ Federal Labor Laws ,
Gig Economy ,
Hospitality Industry ,
Independent Contractors ,
Joe Biden ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Paid Time Off (PTO) ,
Political Candidates ,
Presidential Elections ,
Unions ,
Wage and Hour
On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA). The final rule is scheduled to be published in the...more
2/27/2020
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
On February 10, 2020, the U.S. District Court for the District of Columbia approved the Equal Employment Opportunity Commission (EEOC)’s request to deem its retrospective collection of compensation data (the so-called...more
2/12/2020
/ Corporate Counsel ,
Data Collection ,
Deregulation ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Labor Reform ,
Labor Regulations ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour