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White House Urges Federal Regulators to Support Economic Recovery in Light of COVID-19

A new executive order directs federal agencies to focus their efforts on regulatory barriers to economic recovery.  Specifically, the May 19, 2020 order directs agencies to respond to the COVID-19 pandemic public health...more

AB 5: The Aftermath of California’s Experiment to Eliminate Independent Contractors Offers a Cautionary Tale for Other States

Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal...more

NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test

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

EEOC Closes EEO-1 “Component 2” Pay Data Collection; Upcoming Filing Requirements Not Yet Clear

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

California Court Concludes that Anti-Arbitration Law is Likely Preempted

On February 7, 2020, the U.S. District Court for the Eastern District of California issued an order supporting its injunction of Assembly Bill 51 (AB 51), an expansive anti-arbitration law enacted in October, which was...more

DOL Issues Final Rule on Joint-Employer Status under Fair Labor Standards Act

On January 13, 2020, the U.S. Department of Labor (DOL) released its long-awaited final rule regarding joint-employer status under the Fair Labor Standards Act (FLSA).  The final rule is scheduled to be published in the...more

Initiative to Overturn California Independent Contractor Law for App-Based Drivers, Deliverers Advances

On January 2, 2020, the Attorney General for the State of California released the title and summary of Initiative 19-0026—a proposed ballot measure that would overturn the state’s recently enacted independent contractor law,...more

OFCCP Will Not Request, Accept or Use EEO-1 Component 2 Data

The Office of Federal Contract Compliance Programs (OFCCP) has announced that it will not request, accept, or use “Component 2” compensation data submitted on the EEO-1 form....more

California Supreme Court Agrees to Hear Dynamex Retroactivity Question

On November 20, 2019, the Supreme Court of California announced it would review and decide whether its 2018 Dynamex decision has retroactive effect. The answer to this question could have a profound impact on any company...more

EEOC, NLRB, DOL Plan to Issue Rules Governing Joint Employment

The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal...more

The ABC Test: California States and Localities Support Plaintiffs’ Appeal, Signal Aggressive Enforcement

The fight over the scope of the “ABC test” for determining the status of workers under California state law continues unabated.  A series of court filings last week suggests that state and local officials may be gearing up to...more

Worker Misclassification Questions Dominate California Legal Landscape

In the wake of California’s enactment of Assembly Bill (AB) 5—legislation that threatens to reclassify 2 million California independent contractors as “employees” under California labor and employment laws—legal questions...more

AB 5 Update: Joint Employment, Retroactivity, and Implementation Challenges

As employers in the Golden State attempt to prepare for the brave new world—courtesy of AB 5—that will greet them on New Year’s Day, federal and state courts in California continue to grapple with the scope and purpose of the...more

California AB 5’s Author and the Governor Attempt to Clarify Law’s Scope

On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill 5 (AB 5), a bill that will dramatically alter whether, and under what circumstances, businesses may classify workers as independent contractors...more

Now What? Practical Tips for Navigating California Post-A.B. 5

On September 18, 2019, California Governor Gavin Newsom signed into law sweeping legislation—Assembly Bill 5 (A.B. 5)—that will dramatically reshape the contours of California’s workforce and economy, and potentially...more

WPI State of the States – Hot Topics During the Summer Cool-Down

Students across the country are heading back to school, but most state legislatures are either in recess or have adjourned for 2019. States that were still in session in August did advance several significant bills, while the...more

California Governor Expresses Support for Amended Misclassification Bill

On Friday, August 30, 2019, the California State Senate Appropriations Committee approved controversial legislation—Assembly Bill 5 (A.B. 5)—that would potentially reclassify millions of independent contractors as “employees”...more

WPI Labor Day Report 2019

Labor Day became an official federal holiday in 1894. Although the world of employment has obviously changed significantly over the last 125 years, the pace of workplace transformation seems to have accelerated in the past...more

WPI State of the States: Legislative Action Heats up in July

Although most state legislatures have adjourned for 2019 or are in recess, those still in active session finalized several new employment laws in July. California advanced a bill that would codify a judicially established...more

Agencies Update Regulatory Agenda for 2019 and Beyond

The federal government’s Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions (regulatory agenda), which provides insight into federal agencies’ priorities for the near and long term, was released on May 22,...more

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