In companion decisions, the U.S. Supreme Court split on the issue of mandatory vaccinations for workers, halting the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) for private sector...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In the final week of first 100 days of, the Biden administration, significant labor and employment activity includes a Department of Labor (“DOL”) official and two judicial nominations sent to the Senate, a push from the DOL...more
4/29/2021
/ Administrative Appointments ,
Biden Administration ,
Department of Labor (DOL) ,
Labor Law Violations ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Minimum Wage ,
NLRB ,
Paid Time Off (PTO) ,
Strategic Enforcement Plan ,
Unions ,
Vaccinations ,
Wage and Hour
In week thirteen, the Biden administration’s labor and employment activity includes the nomination for the Assistant Secretary of Disability and Employment Policy at the Department of Labor (DOL); the Senate committee vote on...more
4/20/2021
/ Administrative Appointments ,
Biden Administration ,
Collective Bargaining ,
Department of Labor (DOL) ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
Minimum Wage ,
Regulatory Agenda ,
Small Business ,
Unions ,
Wage and Hour
In week twelve, the Biden administration’s labor and employment activity includes selecting a chief to lead the Occupational Safety and Health Administration (OSHA), increased staffing at the Equal Employment Opportunity...more
4/13/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Infectious Diseases ,
Labor Law Violations ,
Labor Reform ,
OSHA ,
Wage and Hour
In week ten, the Biden administration’s labor and employment activity includes the Senate confirmation of Marty Walsh as Labor Secretary, the nomination of former CEO of the Democratic National Committee to the Solicitor of...more
Each week during the first 100 days of the new administration, we will provide a recap of significant initiatives and events that will impact employers.
In week nine, the Biden administration’s labor and employment...more
3/23/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Enforcement Authority ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
OSHA ,
Wage and Hour ,
Workplace Safety
In week six, the Administration’s labor and employment activity includes a major roadblock to the $15 federal minimum wage increase, an extension of unemployment benefits by the DOL, and unexpected silence by the...more
3/1/2021
/ Amazon Marketplace ,
Biden Administration ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Minimum Wage ,
Unemployment Insurance ,
Unions ,
Wage and Hour
In week two, the Biden administration shook things up at the National Labor Relations Board with the firing and replacement of General Counsel Peter Robb, walked back President Trump’s pro-independent contractor agenda at the...more
2/1/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Independent Contractors ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
NLRB General Counsel ,
OSHA ,
Race Discrimination ,
Tip-Pooling
Media reports indicate that President-Elect Joe Biden will tap Boston Mayor Marty Walsh to serve as Secretary of Labor in his administration....more
The U.S. Department of Labor’s (DOL) Wage and Hour Division was hard at work in the closing days of 2020, endorsing the use of electronic posting of required notices and telemedicine visits under the Family and Medical Leave...more
The Department of Labor (“DOL”) released an opinion letter addressing whether certain overtime payments based on an expected number of hours may be credited towards the amount of overtime pay owed under the Fair Labor...more
Earlier yesterday, the U.S. District Court for the Southern District of New York struck down four key provisions of the U.S. Department of Labor’s (“DOL”) regulation implementing the paid leave provisions of the Families...more
On July 8, the U.S. Supreme Court issued two 7-2 decisions involving religious exemptions to federal employment and benefits laws....more
7/10/2020
/ Administrative Authority ,
Administrative Procedure Act ,
Affordable Care Act ,
Age Discrimination ,
Appeals ,
Contraceptive Coverage Mandate ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Disability Discrimination ,
Employer Group Health Plans ,
Employer Mandates ,
Employer Rights ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
HRSA ,
Injunctive Relief ,
Little Sisters of the Poor Saints Peter and Paul Home v Pennsylvania ,
Ministerial Exception ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Schools ,
Reversal ,
SCOTUS ,
Teachers ,
Trump v Pennsylvania ,
U.S. Treasury
In Field Assistance Bulletin No. 2020-4, issued June 26, 2020, the United States Department of Labor, Wage and Hour Division, recognized a number of ways an employee can establish eligibility for Family First Coronavirus...more
7/1/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Field Assistance Bulletins ,
Paid Leave ,
School Closures ,
Sick Leave ,
Summer Camps
The U.S. Department of Labor (DOL) has issued a final rule under the Fair Labor Standards Act (FLSA) expressly authorizing employers to offer bonuses, hazard pay, and other premiums to employees whose hours, and regular rate...more
Yesterday afternoon (March 24, 2020), the Department of Labor issued Question & Answer guidance concerning the emergency paid sick leave and expanded FMLA leave provisions of the Families First Coronavirus Response Act. For...more
The Wage and Hour Division (WHD) of the U.S. Department of Labor has issued guidance that collectively-bargained leave policies cannot supersede the requirements of the Family and Medical Leave Act (FMLA), even if the...more
In what is perhaps an agency first, the Wage and Hour Division of the U.S. Department of Labor (DOL) recently issued a letter in response to a request from a concerned parent. The parent sought an opinion on whether the...more