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
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
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
U.S. DOL Pauses Enforcement of Biden-era Independent Contractor Rule -
On April 29, the U.S. Department of Labor issued a press release announcing new guidance on how to determine employee or independent contractor...more
5/5/2025
/ Antitrust Provisions ,
Department of Labor (DOL) ,
Employment Litigation ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
NLRB ,
Over-Time ,
Regulatory Reform ,
Trump Administration ,
Wage and Hour
Chair Cassidy (R-LA) Releases White Paper on Providing Benefits to Independent Workers -
On Wednesday, U.S. Senate Health, Education, Labor, and Pensions (HELP) Committee Chair Bill Cassidy (R-LA) released a white paper...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
The U.S. Department of Labor published a final rule on January 9, 2024, defining “independent contractor” under the Fair Labor Standards Act (FLSA). The final regulation rescinds a 2021 rule defining the same term. In place...more
1/9/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Wage and Hour
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 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
On Monday, February 7, 2022, the White House Task Force on Worker Organizing and Empowerment (Task Force) released its long-awaited Report detailing nearly 70 recommendations for revising our nation’s labor laws and...more
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 February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act. Introduction was expected, as President Biden pledged to be “the strongest labor president you have ever had” during...more
2/10/2021
/ ABC Test ,
Biden Administration ,
Collective Bargaining ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
NLRA ,
NLRB ,
Regulatory Agenda ,
Right to Work ,
Unfair Labor Practices ,
Union Organizers ,
Unions
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
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
9/3/2019
/ #MeToo ,
Affordable Care Act ,
Ban the Box ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Labor Shortage ,
LGBTQ ,
Marijuana ,
Misclassification ,
OFCCP ,
Pay Equity Laws ,
Rate of Pay ,
Right to Work ,
Salary/Wage History ,
Sexual Harassment ,
Silica ,
Transgender ,
Unemployment ,
USCIS ,
Visas ,
Wage and Hour ,
Workplace Safety
Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of...more
9/4/2018
/ ADEA ,
Affordable Care Act ,
Age Discrimination ,
Association Health Plans ,
Ban the Box ,
Compensation & Benefits ,
Criminal Background Checks ,
DACA ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Foreign Workers ,
Gig Economy ,
H-1B ,
Health Insurance ,
Immigrants ,
Independent Contractors ,
Joint Employers ,
NLRB ,
NLRB General Counsel ,
Pay Equity Laws ,
Persuader Rules ,
Sexual Harassment ,
Sharing Economy ,
Unemployment ,
Wage and Hour
Late in the day on Monday October 24, 2016, a U.S. District Court Judge for the Eastern District of Texas granted a preliminary injunction against implementation of major and contentious provisions of the Fair Pay and Safe...more
10/25/2016
/ Arbitration Agreements ,
Blacklist ,
Civil Rights Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Arbitration Act ,
Federal Contractors ,
Independent Contractors ,
Labor Law Violations ,
Pay Transparency ,
Penalties ,
Preliminary Injunctions ,
Reporting Requirements ,
Sexual Assault ,
Sexual Harassment ,
Title VII ,
Wage and Hour
In This Publication:
- Introduction
- New Face of the NLRB
- Bargaining Unit Determination
- Other precedent-changing Decisions
- New NLRB Members
- NLRB General counsel ...more