A new piece of legislation introduced in Congress, if enacted, would amend the Fair Labor Standards Act to establish 32-hour workweek for non-exempt employees, with no loss in pay. While the bill is unlikely to gain steam, it...more
3/22/2024
/ Employer Liability Issues ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Reform ,
Non-Exempt Employees ,
Popular ,
Proposed Legislation ,
Regulatory Agenda ,
Wage and Hour ,
Work Schedules
After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more
7/27/2023
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
Biden Administration ,
Cannabis Products ,
Civil Rights Act ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Independent Contractors ,
International Shoe Co v Washington ,
LGBTQ ,
Mine Safety and Health Administration (MSHA) ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Personal Jurisdiction ,
SCOTUS ,
Title VII ,
Transparency ,
Wage and Hour ,
Workplace Injury
Biden Officially Nominates Su To Replace Marty Walsh. This week, President Biden officially announced the nomination of Julie Su to replace Marty Walsh atop the Department of Labor. We have had numerous occasions to discuss...more
3/6/2023
/ Arbitration ,
Biden Administration ,
California ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Labor Reform ,
NLRB ,
Non-Disparagement Provisions ,
Severance Agreements ,
White-Collar Exemptions
Seyfarth Hosts Government Relations Policy Summit. Aaand we are back to our regular scheduled programming. On September 30 2022, Seyfarth hosted an in-person policy summit that included four panels and a keynote...more
Seyfarth Synopsis: Today the U.S. Department of Labor issued its draft new interpretive regulation (or NPRM) attempting to define employee versus independent contractor status under the Fair Labor Standards Act. The NPRM...more
If Current Polling Holds, Expect Additional Executive Action In 2023 And 2024. This newsletter has often had occasion to discuss the Office of Information and Regulatory Affairs (OIRA) in the context of addressing rules...more
Inflation Reduction Act Of 2022. After the so-called “vote-a-rama,” that lasted all night and into the morning last Saturday / Sunday, the Senate finally voted to pass the Act through reconciliation, by a 51-50 vote margin...more
8/16/2022
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Governor DeSantis ,
NLRA ,
NLRB ,
Public Schools ,
Stop Woke Act ,
Title III ,
Website Accessibility ,
Websites
The Two Relevant Policy Matters Are Really Big -- But Head Into The Weekend In A Holding Pattern. Below is a brief dabble into the history of a great American tradition. More importantly, though, the magnitude of the two main...more
11/22/2021
/ Bridges ,
Broadband ,
College Athletes ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Infrastructure ,
Marijuana ,
NLRA ,
NLRB ,
Recreational Use ,
Roads
President Biden Calls On Congress To Eliminate Subminimum Pay For Disabled Workers. The White House has called on Congress to eliminate a program under Section 14(c) of the Fair Labor Standards Act that allows employers to...more
Is That Infrastructure? Biden Plans To Retrofit Not Just Roads And Bridges. Astute readers of this newsletter have almost assuredly heard the phrase “that’s infrastructure” mentioned by Biden administration officials as they...more
Education and Labor Subcommittee Hearing on Important Employment Legislation. As we noted here, on Thursday, March 18th the Civil Rights and Human Services Subcommittee on Workforce Protections held a hearing entitled...more
What Timing: Biden Signed $1.9 Trillion Coronavirus Relief Package. We here at the PMN have been following intently every development when it comes to the federal government’s legislative response to the virus. Indeed, since...more
3/17/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Eviction ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Moratorium ,
OSHA ,
Relief Measures ,
Tax Credits ,
Vaccinations
Seyfarth Synopsis. Democrats in the U.S. House and Senate have reintroduced a bill to increase the federal minimum wage to $15 for virtually all non-exempt workers. While the “Fight For Fifteen” has made several trips to...more
The NLRB Will Look, And Act, Much Differently Under A Biden Administration. Joe Biden has reiterated, again and again, that supporting organized labor will sit atop his agenda. The board is currently operating with a vacant...more
12/8/2020
/ Biden Administration ,
Coronavirus/COVID-19 ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Infectious Diseases ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
NLRB ,
OSHA ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Safety
Despite Big SCOTUS Win For Dreamers, President Trump Continues to Restrict Immigration Through Executive Action. As we noted here, just last week, SCOTUS issued its opinion in Department of Homeland Security v. Regents of...more
6/29/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Disparate Impact ,
Fair Labor Standards Act (FLSA) ,
H-1B ,
H-2B ,
J-1 Visas ,
L-1 Visas ,
Legislative Agendas ,
Liquidated Damages ,
Non-Immigrant Visas ,
Pending Litigation ,
Personal Protective Equipment ,
Quarantine ,
Re-Opening Guidelines ,
Trump Administration ,
WARN Act
Department of Labor Issues Regulations on the Families First Coronavirus Response Act (FFCRA). On April 1, the Department of Labor issued final “temporary” regulations interpreting the requirements of the FFCRA. As indicated...more