We’ve written before about the “tennis match” that describes how, with changes in presidential parties, the Department of Labor (DOL) has proposed different tests to determine whether workers are “employees” covered by the...more
2/4/2025
/ Biden Administration ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Regulatory Requirements ,
Trump Administration
On January 9, 2024, the United States Department of Labor (DOL) issued its long-awaited final rule (“Final Rule”) regarding worker classification under the Fair Labor Standards Act (FLSA or the “Act”).
The Final Rule —...more
For many kids (and school staff), the last bell before winter break heralds freedom and fun. But many teenagers also use the extended time off from school to squeeze in some extra paid work. That means employers should brush...more
On Feb. 8, the U.S. Department of Labor announced that a Michigan auto plant will begin providing employees with more private space to nurse, determining that the car manufacturer made nursing mothers wait up to 20 minutes...more
The Occupational Safety and Health Administration (OSHA) has announced a National Emphasis Program (NEP) focused on heat hazards, effective April 8, 2022. Under the NEP, OSHA will be conducting proactive inspections for...more
President Biden is ramping up measures aimed at slowing the spread of COVID-19. He announced a series of new actions on September 9, 2021, including a plan to require all employers with 100 or more employees to ensure their...more
9/29/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Healthcare Workers ,
New Guidance ,
OSHA ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Reasonable Accommodation ,
Religious Exemption ,
Service Contract Act ,
Vaccinations ,
Virus Testing
As we previously reported, on August 3, 2020, the U.S. District Court for the Southern District of New York (“the District Court”) struck down four provisions of the Department of Labor’s (DOL) “Final Rule” regarding the...more
9/15/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Health Care Providers ,
Intermittent Leave ,
New York ,
Paid Leave ,
Remote Working ,
Work Availability Requirement
On Monday, August 3, 2020, the U.S. District Court for the Southern District of New York vacated several significant provisions of the U.S. Department of Labor’s (DOL) “Final Rule” regarding the Families First Coronavirus...more
As we previously reported, on April 1, 2020, the U.S. Department of Labor (“DOL”) released a temporary rule (“the Rule”), at 29 C.F.R. § 826, regarding administration of the paid leave provisions in the Families First...more
As we previously reported, on April 1, 2020, the U.S. Department of Labor (“DOL”) released a temporary rule (“the Rule”), at 29 C.F.R. § 826, regarding administration of the paid leave provisions in the Families First...more
Since the Department of Labor (DOL) regulations are now finalized, we thought it would be a useful exercise to revisit some of our prior FAQs that relate to the FFCRA and the new regulations. While our prior guidance is...more
On April 1, 2020, the U.S. Department of Labor (“DOL”) released a temporary rule (“the Rule”), at 29 C.F.R. § 826, regarding administration of the paid leave provisions in the Families First Coronavirus Response Act (“the...more
The U.S. Department of Labor’s Wage and Hour Division (“DOL”) published additional Q&As regarding the Families First Coronavirus Response Act (“the Act”) on March 26, 2020, which address some of the open issues regarding the...more
The U.S. Department of Labor’s Wage and Hour Division (“DOL”) issued a third installment of new Q&As regarding the Families First Coronavirus Response Act (“the Act”) on March 28, 2020. Foley’s Coronavirus Task Force...more
We have all admired (or perhaps been one ourselves) the multitasking, be everywhere and do everything restaurant server. But one question that has long vexed employers in the service industry is how to properly compensate...more
As many companies prepare to submit their annual “EEO-1” reports to the Equal Employment Opportunity Commission revealing their workforce statistics by race and gender for their U.S.-based employees by EEO job category, they...more
3/13/2019
/ Annual Reports ,
Compensation Agreements ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Disclosure Requirements ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
FOIA ,
Former Employee ,
Trade Secrets