News & Analysis as of

Biden Administration Human Resources Professionals

DCI Consulting

2024 EEO-1 Filing: Unpacking the Changes and Preparing for Next Year

DCI Consulting on

BLOG OVERVIEW - Expert consultants go over DCI's takeaways and lessons from this year's EEO-1 filing period and instruction booklet, including a shortened timeline for employers with no late submissions accepted, filing...more

Morrison & Foerster LLP

A Parting Gift to Labor Markets: Outgoing Antitrust Enforcers Issue Revised Guidelines on Practices Affecting Workers, But Will...

In the final days of the Biden administration, the FTC and DOJ jointly issued antitrust guidelines on business practices that impact workers that replace the 2016 Antitrust Guidance for Human Resource Professionals, which...more

Axinn, Veltrop & Harkrider LLP

The Fate of the “Last Gasp” of the Biden FTC: Will Its Legacy Survive the Trump Administration?

In the days leading up to President Trump’s inauguration, the Biden FTC rushed to initiate major lawsuits and to tie a bow on various antitrust policy efforts. In a series of dissenting statements, the minority Republican...more

Vedder Price

DOJ and FTC Release Replacement Human Resources Guidelines to an Uncertain Future

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Days before President Trump’s inauguration, the Federal Trade Commission (FTC) and Antitrust Division of the U.S. Department of Justice (DOJ) replaced their Antitrust Guidance for Human Resources Professionals (“2016...more

Troutman Pepper Locke

FTC and DOJ Jointly Issue Antitrust Guidelines Related to Labor

Troutman Pepper Locke on

Practically on the eve of the inauguration, the Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ), jointly issued antitrust guidelines for business activities affecting workers. The FTC's...more

PilieroMazza PLLC

Read Before Increasing Wages! Unraveling the Minimum Wage and Salary Basis Test Mayhem

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2024 ushered in the implementation of and challenges to several wage and hour initiatives by the Biden Administration, most notably, adjustments to the salary basis test and Executive Order 14026, which raised minimum wages...more

Mitratech Holdings, Inc

AI in HR: Navigating the Legal Landscape and Ensuring Fairness in Employee Selection

Artificial intelligence (AI) continues to revolutionize many industries, and the employment space is no exception. According to the Society for Human Resource Management (SHRM), almost one in four organizations utilize...more

Dentons

DOL Revisits Obama Era Baseline for Exempt Workers

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On August 30, the Department of Labor (DOL) issued a Notice of Proposed Rulemaking which would affect the classification status of exempt employees. As many employers will remember, during the Obama administration there were...more

Wilson Sonsini Goodrich & Rosati

Sustainability and ESG Advisory Practice Update, August 2023

Federal Energy Regulatory Commission (FERC) Adopts Major Generator Interconnection Reforms - Last month, FERC Commissioners unanimously approved Order No. 2023 (the Order), which represents a significant reform to its...more

Miller & Martin PLLC

New Law Relaxes Restrictions on Hiring Individuals with Criminal Records in the Banking and Finance Industry

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On December 23, 2022, President Biden signed into law a bill pertaining to financial institutions which relaxes restrictions on hiring individuals with criminal records....more

Brownstein Hyatt Farber Schreck

The Federal Trade Commission Proposes Ban on Employer-Worker Non-Compete Agreements

On Jan. 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (Proposed Rule) seeking to categorically ban nearly all employer non-competition agreements nationwide. If passed in its draft form,...more

Jackson Lewis P.C.

[Event] 2022 Government Contractor Employment Law Symposium - November 17th, Tysons, VA

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Join a multi-disciplinary team of Jackson Lewis attorneys, along with guest speakers from the government contracting firm Smith Pachter, for a full-day of presentations, interactive discussions and practical solutions...more

PilieroMazza PLLC

DOL Updates Language on Service Contract Act Wage Determinations AGAIN!

PilieroMazza PLLC on

An executive order increasing the minimum wage for non-exempt employees working on specified types of federal contracts took effect January 30, 2022. However, recent wage determinations issued by the Department of Labor (DOL)...more

Brownstein Hyatt Farber Schreck

FY 2022 Omnibus: Summary of Education and Labor Provisions

On Thursday, March 10, the Senate voted 68-31 to pass the $1.5 trillion FY 2022 omnibus spending bill after months of negotiations. The package, which was passed by the House with strong bipartisan support on Wednesday night,...more

Poyner Spruill LLP

Congressional Action on Forced Arbitration of Sexual Harassment and Assault Claims

Poyner Spruill LLP on

Congress recently passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, and it is expected to be signed into law by the President.  The Bill allows employees who previously entered into...more

Sands Anderson PC

Law Invaliding Arbitration Agreements For Sexual Harassment Claims Passes Congress

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The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 has passed Congress and President Biden is expected to sign it into law. The Act invalidates the enforcement of pre-dispute arbitration...more

Stoel Rives - World of Employment

COVID-19 Vaccine and Mask Mandates - Comparison of Select States

On January 13, 2022, the United States Supreme Court issued a stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID vaccine-or-test rule for large employers. Although the OSHA rule is effectively off the...more

Dentons

Antitrust Concerns for Employers

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In July of 2021, President Biden issued Executive Order 14036, which affirmed the executive branch’s policy to enforce antitrust laws. Two aspects of the Order relate directly to employment law...more

Winthrop & Weinstine, P.A.

What’s Happening with OSHA’s ETS?

Last week the Occupational Safety and Health Administration (OSHA) withdrew its Emergency Temporary Standard (ETS) that would have required businesses with 100 or more employees to put a policy in place that mandated either...more

Dentons

Iowa COVID Workplace Requirements

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At the time of this posting, the Biden administration has rescinded the OSHA ETS on vaccines for employers of 100 plus employees. The federal contractor rules remain stayed as litigation continues to work its way through...more

Winthrop & Weinstine, P.A.

The Supreme Court Blocks OSHA’s Mandatory Vaccine or Vaccine/Test Rule for Employers with 100+ Employees

On January 13, 2022, the United States Supreme Court (the “Court”) granted the stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) requiring businesses with 100 or more...more

Brownstein Hyatt Farber Schreck

100+ Employers Are Not Required to Comply with OSHA’s ETS After Supreme Court Ruling, for Now

Yesterday, the Supreme Court released its opinion in National Federation of Independent Business v. Department of Labor and Ohio v. Department of Labor. Concluding that OSHA’s proposed emergency temporary standard (ETS) was a...more

Shumaker, Loop & Kendrick, LLP

U.S. Supreme Court Rules on OSHA and CMS Mandates

On January 13th, the Supreme Court issued a ruling on the Occupational Safety and Health Administration’s (OSHA) 100+ employee vaccine mandate. A majority of the Court found that the applicants challenging the rule were...more

Miller & Martin PLLC

Supreme Court Blocks OSHA's COVID-19 Vaccine-or-Test Standard for Private Employers

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In a 6-3 decision, the U.S. Supreme Court Thursday afternoon blocked the Emergency Temporary Standard (“ETS”) promulgated by the Occupational and Safety Health Administration (“OSHA”), portions of which had gone into effect...more

Sands Anderson PC

Supreme Court Stays Large Employer COVID-19 Vaccine Mandate

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On January 13, 2021, the Supreme Court issued an Order staying OSHA’s Emergency Temporary Standard requiring employers with 100 or more employees to adopt COVID-19 Vaccination and test policies (referred to as the “Large...more

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