The 2024 presidential election was like no other in modern history, and it is clear that across a range of measures the American electorate remains dramatically polarized. This presents a host of challenges for policymakers...more
The past year has brought sweeping changes to the world of work. Federal agencies finalized rules on minimum wage and overtime exemptions, union representation elections, pregnancy accommodations, OSHA inspections, and...more
As the 2024 election approaches, protests continue across the country, and employees increasingly engage in discourse on important national and international political topics, employers can expect that political speech and...more
Executive Summary -
2024 promises to be a consequential year for employers. The U.S. is preparing for an election that will likely have a significant impact on the future of employment and labor law. At the same time,...more
5/8/2024
/ Annual Reports ,
Artificial Intelligence ,
Bias ,
Corporate Counsel ,
Employees ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Federal Labor Laws ,
Human Resources Professionals ,
Labor Law Violations ,
State Labor Laws ,
Surveys
On March 8, 2024, the U.S. District Court for the Eastern District of Texas struck down regulations promulgated by the National Labor Relations Board (the “NLRB” or “Board”) defining joint employment (the “new Rule” or “2023...more
3/11/2024
/ Controlling Employer ,
Corporate Counsel ,
Employer Liability Issues ,
Federal Labor Laws ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Unfair Labor Practices ,
Unions ,
Vacated
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
Next week, the U.S. Supreme Court will hear oral arguments in two cases asking whether to overturn Chevron USA, Inc. v. Natural Resources Defense Council. Chevron is a landmark administrative law decision. It requires courts...more
On October 26, 2023, the National Labor Relations Board (“NLRB” or “the Board”) released a final rule setting forth the standard for joint-employer status under the National Labor Relations Act (“NLRA” or “the Act”). The rule...more
Executive Summary -
Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations.
Numerous headwinds...more
5/10/2023
/ Artificial Intelligence ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Law Violations ,
Leave of Absence ,
Public Health Emergency ,
Reasonable Accommodation ,
Remote Working ,
State Labor Laws ,
Telecommuting ,
Wage and Hour
Over the weekend, Senate Democrats defied midterm election historical trends and maintained control of their narrow majority in the Senate. In Nevada, Democratic Senator Catherine Cortez Masto narrowly defeated Republican...more
11/16/2022
/ Biden Administration ,
Employee Rights ,
Employees ,
Federal Labor Laws ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Legislative Agendas ,
Regulatory Agenda ,
Regulatory Oversight ,
Union Elections ,
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 September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National...more
On June 21, 2022, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. These semi-annual regulatory agendas outline federal agency goals for the months ahead. Although the...more
6/23/2022
/ Biden Administration ,
Corporate Counsel ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Federal Labor Laws ,
Labor Reform ,
Labor Relations ,
NLRB ,
OSHA ,
Regulatory Agenda ,
Unions ,
Wage and Hour ,
White-Collar Exemptions
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
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 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
2/10/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employment Contract ,
Federal Arbitration Act ,
Federal Labor Laws ,
FEHA ,
Labor Code ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
Preemption ,
Preliminary Injunctions ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO
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 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
1/14/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Regulations ,
Rulemaking Process ,
Wage and Hour
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
11/21/2019
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
GINA ,
Joint Employers ,
Labor Regulations ,
NLRA ,
NLRB ,
Pay Equity Laws ,
Private Property ,
Regulatory Agenda ,
Rulemaking Process ,
Unfair Labor Practices ,
Union Organizers ,
Wage and Hour ,
Wellness Programs
From the workplace policy perspective, much of the focus of the first 100 days of the Trump administration was on confirming a new Secretary of Labor and reversing the Obama administration’s labor and employment agenda....more
6/8/2017
/ Administrative Authority ,
Affordable Care Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
EBSA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Funding ,
Federal Labor Laws ,
Fiduciary Rule ,
Healthcare Reform ,
Minimum Wage ,
OFCCP ,
On-Demand Services ,
OSHA ,
Paid Leave ,
Proposed Legislation ,
Regulatory Reform ,
Trump Administration ,
Wage and Hour ,
Work Schedules