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Morgan Lewis

US Department of Labor Rolls Back Biden-Era FLSA Practices

Morgan Lewis on

The US Department of Labor has recently rolled back two critical Biden-era wage and hour practices. First, the DOL has stated that it will no longer enforce the 2024 Final Rule’s framework for determining employee or...more

Vedder Price

U.S. Department of Labor Announces Relaunch & Expansion of Its Opinion Letter Program

Vedder Price on

On June 2, 2025, the U.S. Department of Labor (DOL) announced the relaunching and expansion of its opinion letter program (Program). The Program is designed to help the public understand their compliance obligations through...more

Stoel Rives - World of Employment

DOL Signals Business Friendly Independent Contractor Standard: What Employers Need to Know

The U.S. Department of Labor (DOL) recently stated that it will not enforce an employee-friendly independent contractor rule implemented by the Biden administration in 2024 (“Biden Rule”). The Biden Rule made it more...more

Littler

DOL Reinstates Virtual Marketplace Platform Opinion Letter Signaling Return to Relaxed Independent Contractor Test and Acceptance...

Littler on

In recent months, the Department of Labor (DOL) has seen an overhaul of its agency leadership. First, President Trump appointed Secretary of Labor Lori Chavez-DeRemer and Deputy Secretary Keith Sonderling, and more recently,...more

Littler

Curb Your Remedial Enthusiasm – NLRB Acting General Counsel Offers Remedial Relief to Employers

Littler on

On May 16, National Labor Relations Board Acting General Counsel William Cowen issued Memorandum GC-25-06, calling for an efficient, practical approach to NLRB settlement agreements. Coming on the heels of Cowen’s prior...more

Whiteford

Employment Law Update: U.S. Department of Labor Resurrects Guidance Classifying Workers as Independent Contractors

Whiteford on

The U.S. Department of Labor’s Wage and Hour Division (“DOL”) under the Trump administration has doubled down on its commitment to the traditional economic-realities analysis for determining whether workers are employees or...more

Poyner Spruill LLP

DOL Enforcement Guidance Underscores Favorable Shift for Contractor Classifications

Poyner Spruill LLP on

On May 1, 2025, the United States Department of Labor (“DOL”) published the first Field Assistance Bulletin of the year providing guidance to Wage and Hour Division (“WHD”) field staff regarding the proper analysis to apply...more

WilmerHale

US Export Controls on “AI Diffusion” Officially Paused, but New Guidance Elevates Risk for AI-Related Exports

WilmerHale on

On May 13, 2025, the Department of Commerce formally signaled its intention to rescind the Biden Administration’s Framework for Artificial Intelligence Diffusion (AI Diffusion Rule) two days before the January 2025 Interim...more

Akerman LLP - HR Defense

DOL Signals Changes to Independent Contractor Rule

On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the...more

Brownstein Hyatt Farber Schreck

U.S. Department of Labor Pauses Enforcement of Worker Classification Guidelines

On May 1, 2025, the U.S. Department of Labor’s Wage and Hour Division (“DOL”) issued a field assistance bulletin on “how to determine employee or independent contractor status,” effectively pausing the implementation of its...more

Lathrop GPM

U.S. DOL Likely to Alter Employee vs. Independent Contractor Classification Rules Under FLSA

Lathrop GPM on

Newly published guidance may mean it will be easier for employers to classify workers as independent contractors under the federal Fair Labor Standards Act (FLSA)....more

Vedder Price

U.S. Department of Labor Issues New FLSA Independent Contractor Guidance

Vedder Price on

On May 1, 2025, the U.S. Department of Labor (DOL) published FAB No. 2025-1, providing guidance to its field staff on the analysis to apply when determining whether a worker is an independent contractor or employee for...more

FordHarrison

U.S. Department of Labor Announces It Will No Longer Enforce 2024 Independent Contractor Rule

FordHarrison on

On May 1, 2025, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin confirming that it will no longer enforce a 2024 Biden-era independent contractor rule. The 2024 rule defined “independent contractor”...more

Nelson Mullins Riley & Scarborough LLP

Department of Labor Plans to Rescind Biden’s Gig Worker Rule Making It Easier for Companies to Use Independent Contractors

On May 1, 2025, the Department of Labor’s (DOL) Wage and Hour Division announced that it will no longer enforce a Biden-era labor rule that aimed to reclassify gig workers as employees rather than independent contractors....more

Davis Wright Tremaine LLP

DOJ Issues Guidance on Foreign Data Access Rule, Announces Conditional 90-Day Enforcement Pause for "Good Faith Efforts"

The Department of Justice (DOJ) has issued guidance on its recently effective rule targeting foreign adversaries that "use commercial activities to access, exploit, and weaponize U.S. Government-related data and Americans'...more

Sheppard Mullin Richter & Hampton LLP

White House Unveils Government-Wide Plan to Streamline AI Integration

On April 7, the White House issued a fact sheet outlining new steps to support the responsible use and procurement of AI across federal agencies. The initiative builds on the Biden Administration’s 2023 Executive Order on AI...more

Wiley Rein LLP

Trump Administration Revamps Guidance on Federal Use and Procurement of AI

Wiley Rein LLP on

On April 3, the Office of Management and Budget (OMB) released two much-anticipated memos that will impact the use and procurement of artificial intelligence (AI) by the federal government, signaling an appetite to move...more

Berkshire

Former EEOC Officials Push Back on EEOC/DOJ Guidance on DEI

Berkshire on

Ten former EEOC officials, including former Chairs, Vice Chairs, Commissioners, General Counsels, and Legal Counsels nominated by Presidents from George W. Bush to Donald Trump, have issued a joint statement about guidance...more

Jackson Lewis P.C.

National Employee Benefits Day: Reflecting on Our Favorite Holiday

Jackson Lewis P.C. on

Each year, National Employee Benefits Day is a chance to reflect on the ever-changing landscape of employer-sponsored benefits. Indeed, this year may be the most pivotal since 2020’s COVID-19 relief guidance. Affecting the...more

Latham & Watkins LLP

FDIC Removes Roadblocks to Crypto Activities in the Banking Sector

Latham & Watkins LLP on

New FDIC guidance permits crypto activities by supervised institutions without prior approval, emphasizing risk management and compliance with applicable laws and regulations....more

Morris, Manning & Martin, LLP

Corps and EPA Rescind Biden Wetland Guidance – Move to Revise “Waters of the United States” Definition

On March 12, 2025, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency issued a Federal Register notice stating their intent to review the definition of “waters of the United States” (“WOTUS”), which...more

Ballard Spahr LLP

NLRB Acting General Counsel Rescinds Numerous Biden-Era Guidance Memoranda

Ballard Spahr LLP on

The National Labor Relations Board’s Acting General Counsel has moved quickly to undo the work of his predecessor, a Biden appointee, who President Trump recently removed from office. On February 14, 2025, Acting General...more

FordHarrison

Acting NLRB General Counsel Rescinds Controversial Biden-Era Memoranda, Signaling Shift at NLRB

FordHarrison on

On February 14, 2025, National Labor Relations Board Acting General Counsel (“GC”) William Cowen issued Memorandum 25-05, which rescinded dozens of policy memos issued by his predecessor, Jennifer Abruzzo, during the Biden...more

Holland & Knight LLP

U.S. Department of Education Focuses on Misrepresentation by Higher Education, Partners

Holland & Knight LLP on

In the final days of the Biden Administration, the U.S. Department of Education (ED) announced a number of policy initiatives and enforcement actions related to ED's misrepresentation regulations for institutions of higher...more

Holland & Knight LLP

Education Department Ceases Enforcement of "Arbitrary and Capricious" Exclusionary Rule

Holland & Knight LLP on

By a bulletin and letter issued on Aug. 24, 2021, the Biden Administration's U.S. Department of Education announced that it was ceasing enforcement of a highly controversial exclusion of evidence rule that was included in the...more

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