News & Analysis as of

Employer Liability Issues Biden Administration Final Rules

Faegre Drinker Biddle & Reath LLP

Humanitarian Parole for Cubans, Haitians, Nicaraguans and Venezuelans (CHNV) Terminated

Effective immediately, the termination of the humanitarian parole program for Cubans, Haitians, Nicaraguans and Venezuelans (CHNV) affects all beneficiaries who were granted protection from removal and work authorization for...more

Spilman Thomas & Battle, PLLC

What to Expect on the Safety Front from the New Administration

In mid-February, Trump nominated Wayne Palmer to lead the Mine Safety and Health Administration (MSHA) and David Keeling to lead the Occupational Safety and Health Administration (OSHA). While these nominees have been...more

Ballard Spahr LLP

NLRB Rolling Back More Rules from the Trump Administration

Ballard Spahr LLP on

In its continuing repudiation of policies developed under the Trump Administration, the National Labor Relations Board (“NLRB” or “Board”) has published its Fair Choice-Employee Voice Final Rule....more

Conn Maciel Carey LLP

Industry Groups and Congressional Leaders Attack OSHA’s New “Worker Walkaround” Inspection Rule

Conn Maciel Carey LLP on

To advance the Biden Administration’s promise to be “the most labor friendly administration in history,” on April 1, 2024, OSHA published in the Federal Register its Final Worker Walkaround Representative Designation Process...more

Venable LLP

FTC Strikes Down Noncompete Agreements

Venable LLP on

On April 23, 2024, the Federal Trade Commission (FTC) greenlit a sweeping prohibition on the use of noncompete agreements by for-profit employers nationwide. In a party-line vote, the FTC voted 3–2 to approve a final rule...more

Holland & Knight LLP

New FTC Rule Bans Non-Compete Agreements in All Employment Contracts

Holland & Knight LLP on

The Federal Trade Commission (FTC) issued a new rule on April 23, 2024, banning new non-compete agreements in all employment contexts. The highly anticipated rule, which was first proposed in draft form in January 2023, is...more

DarrowEverett LLP

Noncompete, Overtime Rules Change, But Legal Challenges Remain

DarrowEverett LLP on

April 23, 2024, was a big day for the Biden Administration, as the U.S. Department of Labor (“DOL”) and Federal Trade Commission (“FTC”) almost simultaneously launched new revamped rules which will affect millions of...more

Genova Burns LLC

USDOL Wage-Hour Division Final Rule on Independent Contractor Status Reverts to Pre-Trump Rule and Rejects “Core Factor” Test

Genova Burns LLC on

On January 9, 2024 the U.S. Department of Labor (DOL) released a final rule that will apply beginning March 11, 2024 in determining whether a worker can be classified as an independent contractor as opposed to an employee...more

Benesch

Department of Labor Finalizes Rule Change on Independent Contractor Classification

Benesch on

On January 9, 2024, the U.S. Department of Labor released details of its final rule regarding the proper circumstances for independent contractor classification under the Fair Labor Standards Act (“FLSA”). On January 10,...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 1, January 2024

We are excited to kick off 2024 with more in-depth insights into the construction industry and legal issues that can impact your business. Our goal is to provide the most up-to-date information along with our thoughts and...more

McDermott Will & Emery

OSHA and CMS Vaccination Rules Released: Here Are the Details

McDermott Will & Emery on

On November 4, 2021, the US Occupational Safety and Health Administration (OSHA) unveiled its Emergency Temporary Standard (ETS) to protect employees of large employers in all industries from COVID-19. The Centers for...more

Foley Hoag LLP

Biden Administration Tightens Enforcement of Tip Regulations

Foley Hoag LLP on

On September 24, 2021, the U.S. Department of Labor (DOL) issued a new final rule strengthening the enforcement provisions of existing regulations concerning tipped employees. While various regulations relating to tipped...more

Foley Hoag LLP

Biden Administration Rescinds Trump-Era Rule on Independent Contractors

Foley Hoag LLP on

On May 5, 2021, the United States Department of Labor (DOL) issued a final rule rescinding a 2020 rule promulgated by the Trump administration that made it easier for workers to be classified as independent contractors rather...more

Perkins Coie

US Department of Labor Announces Final Rule Regarding Independent Contractors - Update

Perkins Coie on

The Department of Labor (DOL) announced in May 2021 that it was withdrawing the rule called “Independent Contractor Status Under the Fair Labor Standards Act.” As anticipated, the Biden administration rescinded this Trump-era...more

Akin Gump Strauss Hauer & Feld LLP

The DOL Withdraws Trump Administration FLSA Independent Contractor Rule, Preserving the Status Quo . . . for the Moment

Key Points - The DOL has withdrawn a final rule published in the waning days of the Trump administration that established a multifactor test for determining whether workers are employees or independent contractors under...more

Holland & Knight LLP

DOL May Rescind Final Rules on Independent Contractor, Joint Employer Status

Holland & Knight LLP on

The U.S. Department of Labor (DOL) proposed on March 11, 2021, withdrawing the independent contractor and joint employer final rules under the Fair Labor Standards Act (FLSA). The independent contractor final rule provides...more

Jackson Lewis P.C.

Biden DOL Proposes Withdrawal Of Former Administration’s Joint Employer And Independent Contractor Final Rules

Jackson Lewis P.C. on

On March 11, 2021, the U.S. Department of Labor (DOL) issued Notices of Proposed Rulemaking (NPRMs) to withdraw the Joint Employer and Independent Contractor Final Rules published during the previous administration...more

Holland & Knight LLP

DOL Delays Trump Administration's Independent Contractor Rule

Holland & Knight LLP on

As predicted in a previous Holland & Knight Transportation Blog post (see "Another Shift on Joint Employment and Independent Contractors," Jan. 12, 2021), the Biden Administration's rollback of the business-friendly...more

Bradley Arant Boult Cummings LLP

Putting the Brakes on the Gig Economy? Biden DOL Delays Effective Date of Final Rule on Independent Contractor Status

On January 7, we wrote about the DOL’s Final Rule on Independent Contractor Status that was slated to take effect on March 8, 2021. Many employer and business groups applauded the Final Rule because its focus on the economic...more

Lathrop GPM

The Franchise Memorandum - Issue # 262

Lathrop GPM on

California Supreme Court Applies Independent Contractor Standard Retroactively; Does Not Reach Applicability to Franchises - The California Supreme Court has held that its Dynamex decision applies retroactively, answering...more

Bradley Arant Boult Cummings LLP

New Administration, New DOL Approach: Department Pulls Back Trump Rulemaking Limitations

With the new Biden administration now in place, the Department of Labor (DOL) has withdrawn a Trump era measure on guidance documents. Following a recent Executive Order, the DOL issued a final rule on January 27 to rescind...more

Epstein Becker & Green

#WorkforceWednesday: Biden's "American Rescue Plan," Incentivizing Employee Vaccination, EEOC Conciliation Process - Employment...

Epstein Becker & Green on

This week, President Biden takes office, making combatting COVID-19 his top priority. Employers are also planning ways to incentivize employee vaccination. Biden Proposes $1.9 Trillion Spending Package Last week, President...more

Akin Gump Strauss Hauer & Feld LLP

U.S. Department of Labor Issues New Worker Classification Regulations

The DOL has issued new regulations setting forth the test to determine whether an individual is an independent contractor or an employee under the FLSA. Under the regulations, the “ultimate inquiry” is whether, as a matter...more

Perkins Coie

US Department of Labor Announces Final Rule Regarding Independent Contractors

Perkins Coie on

On January 7, 2021, the U.S. Department of Labor (DOL) issued its highly anticipated final rule codifying its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA). The final rule comes in...more

Sheppard Mullin Richter & Hampton LLP

U.S. Department of Labor Finalizes New Rule Setting Forth Test to Assess Employment Versus Contractor Status; But Will It Survive...

On January 7, 2021, the U.S. Department of Labor (“DOL”) announced its final rule (the “Final Rule”) setting the standard to determine whether an individual is an employee or an independent contractor under the Fair Labor...more

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