NLRB Acting General Cowen Issues Guidance on Union Salts -
In a memorandum dated July 24, 2025, National Labor Relations Board (NLRB) Acting General Counsel William Cowen issued guidance to all regional directors,...more
White House Announces NLRB Nominees -
On Thursday, the White House announced two nominees for open seats at the National Labor Relations Board (NLRB), including Scott Mayer, chief labor counsel at The Boeing Corporation,...more
Senate Republicans Introduce Legislation to Empower Independent Workers -
Earlier this week, Senators Bill Cassidy, (R-LA), chair of the Senate Health, Education, Labor and Pensions (HELP) Committee, and Senators Rand Paul...more
“Big Beautiful” Reconciliation Bill Pending Final Passage in the House Earlier this week, the U.S. Senate passed the reconciliation bill by a narrow vote of 51-50, with Vice President JD Vance casting the tie-breaking vote....more
7/3/2025
/ Budget Reconciliation ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Labor Laws ,
Job Creation ,
New Legislation ,
Proposed Legislation ,
Regulatory Reform ,
Tax Deductions ,
Tax Reform ,
Trump Administration ,
Wage and Hour
SCOTUS Curtails Nationwide Injunctions - The U.S. Supreme Court sharply curtailed “universal” injunctions. The Court’s June 27, 2025 decision came in a case involving an executive order seeking to limit birthright...more
6/30/2025
/ Constitutional Challenges ,
Department of Labor (DOL) ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fourteenth Amendment ,
Judicial Authority ,
New Legislation ,
Proposed Legislation ,
SCOTUS ,
Unions
Bipartisan Legislation Introduced to Raise the Minimum Wage -
Senators Josh Hawley (R-MO) and Peter Welch (D-VT) introduced legislation on June 10, titled “Higher Wages for American Workers Act of 2025,” that would raise...more
Supreme Court Allows Trump Firing of NLRB Member Wilcox -
Late Thursday, the Supreme Court issued an order that essentially extends a previous order issued by Chief Justice John Roberts in April that barred National Labor...more
5/23/2025
/ Budget Reconciliation ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Employment Litigation ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Labor Laws ,
Hiring & Firing ,
Independent Contractors ,
New Legislation ,
NLRB ,
SCOTUS ,
Tax Deductions ,
Tax Reform ,
Tipped Employees ,
Trump Administration
House Workforce Protections Subcommittee Holds Hearing on “Reclaiming OSHA’s Mission” -
On Thursday, the House Subcommittee on Workforce Protections, chaired by Ryan Mackenzie (R-PA), held a hearing titled “Reclaiming...more
Supreme Court Temporarily Blocks Decision Allowing Reinstatement of NLRB Member Wilcox -
On April 7, the U.S. Court of Appeals for the D.C. Circuit ruled that National Labor Relations Board Member Gwynne Wilcox could...more
At a Glance -
The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior...more
At a Glance -
The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior...more
The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week....more
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 June 27, 2022, the U.S. District Court for the Northern District of Florida denied a request to enjoin the provisions of Florida HB 7, named the Individual Freedom Act (“IFA”) or the so-called “Stop-WOKE” law (the state’s...more
6/29/2022
/ Anti-Discrimination Policies ,
Bias ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employer Liability Issues ,
Florida ,
Freedom of Expression ,
Governor DeSantis ,
Motion To Enjoin ,
New Legislation ,
Preliminary Injunctions ,
Race Discrimination ,
State Labor Laws ,
Stop Woke Act
On April 22, 2022, Florida Governor Ron DeSantis signed into law so-called “anti-woke” legislation, amending the Florida Civil Rights Act and potentially limiting the ability of employers to include discussions of “implicit...more
On March 11, 2021, President Biden signed H.R. 1319, the American Rescue Plan Act of 2021, which extends tax credits for private employers with 499 or fewer U.S. employees that voluntarily decide to provide emergency paid...more
3/18/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Coronavirus/COVID-19 ,
EFMLA ,
Employee Benefits ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Infectious Diseases ,
New Legislation ,
Paid Family Leave Law ,
Relief Measures ,
Sick Leave ,
Tax Credits ,
Tax Planning
As business owners and members of the labor and employment law community know all too well, California’s AB 5 went into effect on January 1 of this year. The law imposed the “ABC test” for determining whether a worker should...more
10/1/2020
/ ABC Test ,
Borello Test ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Newspapers ,
State Labor Laws ,
Wage and Hour
After giving employers a day off from addressing new information concerning the federal Families First Coronavirus Response Act (FFCRA), which took effect April 1 and requires private employers with 499 or fewer employees,...more
4/3/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Quarantine ,
Relief Measures ,
School Closures ,
Shelter-In-Place ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
On March 28, 2020, the U.S. Department of Labor (DOL) released its third batch of Q&As (#38-59) concerning the federal Families First Coronavirus Response Act (FFCRA). Effective April 1, 2020, the FFCRA will require private...more
3/31/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
On March 26, the U.S. Department of Labor (DOL) released additional FAQs that further explain employer and employee rights and responsibilities under the federal Families First Coronavirus Response Act (FFCRA)....more
3/30/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
The year 2020 is already shaping up to be quite active on the employment law front, and a quarter of U.S. states have yet to convene their 2020 legislative sessions. In January, over 800 labor and employment-related bills,...more
2/5/2020
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Ban the Box ,
Cash Transactions ,
Criminal Background Checks ,
Dress Codes ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Labor Law Violations ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Legislative Agendas ,
Misclassification ,
New Legislation ,
Notice Requirements ,
Regulatory Requirements ,
Regulatory Standards ,
Severance Agreements ,
Severance Pay ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Wage Statements ,
WARN Act
The battle over the scope and applicability of the so-called “ABC test” in determining California employers’ potential liability under wage and hour and other state labor laws continues unabated....more
1/24/2020
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Labor Laws ,
Franchises ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision....more
1/22/2020
/ ABC Test ,
CA Supreme Court ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Petition for Review ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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
1/6/2020
/ ABC Test ,
Ballot Measures ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Exempt-Employees ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Regulatory Agenda ,
Ridesharing ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...more
11/14/2019
/ Ban the Box ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Criminal Background Checks ,
Department of Labor (DOL) ,
EEO-1 ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Form I-9 ,
Gender-Based Pay Discrimination ,
Health Insurance ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Local Ordinance ,
Marijuana ,
Minimum Wage ,
New Legislation ,
NLRB ,
Paid Time Off (PTO) ,
Pay Gap ,
Popular ,
Raids ,
Rulemaking Process ,
Salary/Wage History ,
Smoking Bans ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions