News & Analysis as of

Biden Administration State Labor Laws

Littler

DOL Withdraws Rule Aimed at Eliminating Subminimum Wages for Workers with Disabilities

Littler on

On July 7, 2025, the U.S. Department of Labor (DOL) formally withdrew its Notice of Proposed Rulemaking (NPRM) that would have amended 29 C.F.R. part 525 by phasing out the issuance of certificates authorizing subminimum...more

Sheppard Mullin Richter & Hampton LLP

DOJ Retracts Biden-Era Independent Contractor Classification Rule

On May 1, 2025, the United States Department of Labor’s (“DOL”) Wage and Hour Division announced it would not enforce or apply the Biden-era 2024 Final Rule regarding independent contractor classification (“2024 Rule”)....more

Offit Kurman

Navigating Contractor vs. Employee Classification

Offit Kurman on

In this episode of OK at Work, Sarah Sawyer and Russell Berger from Offit Kurman delve into the intricate and often confusing topic of independent contractor classification. They discuss the various tests and criteria used at...more

Whiteford

Employment Law Update: May Day! The Department of Labor Pauses Enforcement of the Controversial Independent Contractor Rule

Whiteford on

In a significant shift for businesses, nonprofit organizations and gig-economy workers, the Department of Labor (DOL) Wage and Hour Division (WHD) announced on May 1st that it will no longer enforce the 2024 independent...more

Epstein Becker & Green

Non-Competes Eased, Anti-DEI Rule Blocked, Contractor Rule in Limbo - Employment Law This Week® - #WorkforceWednesday®

Epstein Becker & Green on

This week, we’re covering the relaxation of state-level non-compete rules, the recent block of Executive Order 14173’s diversity, equity, and inclusion (DEI)-related certification requirement, and a federal appeals court’s...more

Conn Maciel Carey LLP

Fed OSHA Heat Illness Rulemaking – Next Steps for Employers Heat Illness Prevention Rulemaking Coalition

Conn Maciel Carey LLP on

We are providing an update on federal OSHA’s Heat Illness Prevention rulemaking and hopefully starting a meaningful dialogue with the employer community about potential next steps for this controversial rulemaking. Conn...more

Seyfarth Shaw LLP

Waiver Goodbye – Continued FMCSA Preemption Of Meal And Rest Periods For California and Washington Drivers

Seyfarth Shaw LLP on

In 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) under the Biden administration started accepting public comments about the many petitions for waiver that key stakeholders, including the California Attorney...more

Foley & Lardner LLP

Trump Executive Order Affects Federal Contractor Minimum Wage

Foley & Lardner LLP on

On March 14, 2025, the president issued a new executive order (EO) entitled, “Additional Rescissions of Harmful Executive Orders and Actions.” This new executive order revokes EO 14026, issued by President Biden, which raised...more

Cozen O'Connor

Executive Order Rescindments Continue: Next Up, Federal Contractor Minimum Wage

Cozen O'Connor on

On March 14, 2025, President Trump rescinded a second batch of Biden-era executive orders (EOs), including EO 14026 (Increasing the Minimum Wage for Federal Contractors). Issued in 2021, EO 14026 raised the federal...more

Mintz - Employment Viewpoints

Legal Shifts from the White House – What Employers Need to Know

Rapid changes across the federal government are creating tremendous ambiguity for the private sector, particularly around employment and immigration issues....more

Mintz

Artificial Intelligence Executive Order: Workplace Implications

Mintz on

President Trump’s executive order entitled Removing Barriers to American Leadership in Artificial Intelligence (the “Trump AI Order”) seeks to create “a path for the United States to act decisively to retain global leadership...more

Jackson Lewis P.C.

Uncertainty for Federal Contractors: Circuits Split as Fifth Circuit Upholds Minimum Wage Mandate

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fifth Circuit has reversed a Texas federal court’s decision that invalidated President Joe Biden’s executive order increasing the hourly minimum wage for employees of federal contractors. The...more

Cozen O'Connor

FAR Council Withdraws Proposed Rule on Federal Contractor Pay Requests

Cozen O'Connor on

On January 8, 2025, the Federal Acquisition Regulatory (FAR) Council withdrew its Proposed Rule on Pay Equity and Transparency in Federal Contracting (the proposed rule), which was initially introduced in January 2024. This...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Louisiana Laws on Tort Actions, Meal Breaks, Arbitration Agreements, and Nondisclosure Agreements Take Effect in July and...

Four new and notable laws affecting Louisiana employers are taking effect in summer 2024, including an expanded statute of limitations for employment torts, meal breaks for minors, a ban on predispute arbitration agreements...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Governor Signs Law Prohibiting Employers From Entering Noncompete Agreements

On September 1, 2023, California Governor Gavin Newsom signed Senate Bill (SB) 699 into law, prohibiting employers from entering into or attempting to enforce noncompete agreements, which are void under state law. The law is...more

Seyfarth Shaw LLP

Federal Agency Gives Notice That It May Reverse Course on Its Own Preemption Determination for California and Washington Meal and...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Federal Motor Carrier Safety Administration determined only a few years ago that federal law preempts California’s and Washington’s meal and rest period rules. Regardless of what would happen in the...more

Dorsey & Whitney LLP

Non-competition Agreements under Scrutiny at State and Federal Level

Dorsey & Whitney LLP on

Employee restrictive covenants, in particular non-competition agreements, are under scrutiny at the state and federal level. State legislatures are working to narrow the circumstances under which restrictive covenants may be...more

Verrill

The Speak Out Act: Key Points You Need to Know

Verrill on

With 2023 underway, employers should be mindful of new federal legislation affecting key provisions in their employment agreements. On December 7, 2022, President Biden signed into law the “Speak Out Act,” which prohibits...more

Flaster Greenberg PC

Is the government banning my non-competition agreements?

Flaster Greenberg PC on

Employers, make no mistake, the federal government and state governments are targeting employee non-competition agreements, also called non-competes. Broadly, legislatures and government agencies are concerned employers are...more

Sheppard Mullin Richter & Hampton LLP

President Biden Signs “Speak Out Act” Limiting the Enforceability of Non-Disclosure and Non-Disparagement Provisions in Sexual...

On December 7, 2022, President Biden signed the Speak Out Act (the “Act”) into law. The Act limits the enforceability of pre-dispute non-disclosure and non-disparagement clauses relating to sexual assault and sexual...more

Miles & Stockbridge P.C.

Growing Number of States Prohibit Adverse Employment Action for Off Duty Marijuana Usage

Miles & Stockbridge P.C. on

In recent years, employers adapted workplace policies and trainings to conform with changing state laws legalizing medical marijuana use. The landscape is continuing to evolve as many states have now prohibited adverse...more

Dorsey & Whitney LLP

What Types of Pay Equity Laws Should I Be Aware of and How Can I Best Comply?

Dorsey & Whitney LLP on

Dear QQ: I am the HR Director for a technology company. We have offices in three states and hire employees from all over the country. Since 2020 we have let employees work remotely from the state of their choice. I’ve been...more

Epstein Becker & Green

#WorkforceWednesday: The Union-Friendly Biden NLRB, California's FAST Act, and Pay Transparency in California - Employment Law...

Epstein Becker & Green on

This week, we look at labor law and pay developments from the National Labor Relations Board (NLRB) and in California. NLRB Continues Union-Friendly Direction Two recent actions from the NLRB show a continued pro-employee...more

Fenwick & West LLP

Considerations for Employers Reimbursing Out-Of-State Travel for Abortion Procedures

Fenwick & West LLP on

In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering...more

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