News & Analysis as of

Employer Liability Issues Biden Administration Regulatory Agenda

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

Sheppard Mullin Richter & Hampton LLP

NLRB Returns to Union-Friendly “Clear and Unmistakable Waiver” Standard

As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policies, and shifting toward increasingly more...more

A&O Shearman

Key employment law changes post elections: Insights from our global experts

A&O Shearman on

Major employment law developments following recent elections - U.K. - The Employment Rights Bill is huge and all-encompassing and is likely, in time, to shift workplace dynamics. While it’s described as “pro-worker and...more

DarrowEverett LLP

Predicting U.S. Labor & Employment Changes From New Administration

DarrowEverett LLP on

As with previous shifts between administrations, the upcoming transfer of power from the Biden administration to the return of the Trump administration promises to bring with it a myriad of changes, with labor and employment...more

Littler

Federal Bill Proposes Victim Protection for Foreign Workers

Littler on

The current administration and multiple members of Congress seek to grant protections to H-2B non-agricultural temporary workers who are employed in the United States to fill temporary labor shortages in the U.S. market....more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 2, January 2023

EEOC Increases Scrutiny on Discrimination and Harassment in the Construction Industry as Federal Infrastructure Dollars Start Flowing - The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to...more

Polsinelli

More Signs of Trouble for Non-Compete Agreements

Polsinelli on

Non-compete agreements have had a rough 2023, most recently with President Biden specifically calling them out on Tuesday evening during his State of the Union and emphasizing his Administration’s opposition to them.  This,...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Proposes Broad Ban on Worker Noncompete Clauses

On January 5, 2023, the U.S. Federal Trade Commission (FTC) issued a notice of proposed rulemaking under the FTC Act with far-reaching implications for U.S. employers. If enacted and enforced, the proposed rule would prohibit...more

Spilman Thomas & Battle, PLLC

President Biden and the FTC Seek to Put the Final Nail in the Coffin for Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission (“FTC”) published a notice of a proposed rulemaking that would prohibit employers from enforcing non-compete agreements against all employees and would preempt state laws that...more

Sheppard Mullin Richter & Hampton LLP

FTC Seeks to Ban Noncompete Agreements in Employment Contracts

On January 5, 2023, the Federal Trade Commission (“FTC”) announced a broad proposed rule that would ban employers from imposing noncompete clauses on their workers. The FTC press release announcing the proposed rule states...more

Littler

New Guidance on Contractor Vaccine Mandate Anticipated Soon

Littler on

On Friday, October 14, 2022, the Office of Management and Budget (OMB) and the Safer Federal Workforce Task Force (“Task Force”) announced that they anticipate further guidance will be issued following the narrowing of the...more

FordHarrison

U.S. Department of Labor Announces New Independent Contractor Rule

FordHarrison on

Executive Summary: On October 11, 2022, the United States Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking that would assist employers in classifying workers as employees or independent...more

Polsinelli

New Independent Contractor Test Increases Risk of Independent Contractor Misclassification

Polsinelli on

The U.S. Department of Labor is set to issue a Proposed Rule that will have a significant impact on the test used to determine whether someone is an independent contractor or an employee under the Fair Labor Standards Act...more

Littler

Decreasing Prospects for Increasing the Federal Minimum Wage to $15

Littler on

The centerpiece of the Biden administration’s labor and jobs agenda is an increase in the federal hourly minimum wage to $15 an hour.  Last year President Biden, via executive power, instituted a $15 minimum wage for federal...more

Akerman LLP - HR Defense

The Biden Administration Takes Aim at Increasing Worker Empowerment

When President Biden took office in 2021, he vowed to be the “most pro-union president” this country has ever seen. Although President Biden was unable to deliver some key worker legislation during his first year in office,...more

Franczek P.C.

Breaking News: OSHA Announces It Is Suspending Vaccination ETS Pending Court Challenges

Franczek P.C. on

On Tuesday, November 16, the Occupational Safety and Health Administration (OSHA) announced that it is suspending all implementation and enforcement efforts related to the emergency temporary standard (ETS) on mandatory...more

CDF Labor Law LLP

NLRB’s Pro-Union Shift and Ripple Effect On Your Workplace Policies

CDF Labor Law LLP on

On February 17, 2021, President Biden nominated Jennifer Abruzzo as the General Counsel of the National Labor Relations Board (“NLRB” or “Board”).  On July 21, 2021, the U.S Senate confirmed the nomination.  As the board...more

Jenner & Block

Government Contracts Legal Round-Up | 2021 Issue 18

Jenner & Block on

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Robinson & Cole LLP

The Ever-Changing Landscape of Non-Compete Agreements – Recent Developments

Robinson & Cole LLP on

Recently, the federal government and various state governments have spoken out concerning new limits on non-compete agreements and other post-employment restrictions. Although the trend toward limiting non-compete agreements...more

Stinson LLP

Biden Administration Announces Heat-Related Hazard Inspection Initiative, Upcoming Rulemaking

Stinson LLP on

As part of the Biden Administration's efforts to protect workers, the White House announced formal efforts to address heat-related illnesses. The first step is OSHA's recent memo establishing an enforcement initiative to...more

Akerman LLP - HR Defense

Biden Order: Consider a Federal Rule on Non-Competes

Don’t be misled: President Biden’s July 9 Executive Order does not bar non-compete agreements. Rather, it “encourages” the Chair of the Federal Trade Commission to use rule-making to limit their use....more

Bricker Graydon LLP

DOL announces withdrawal of Trump administration independent contractor rule

Bricker Graydon LLP on

On May 5, 2021, the Department of Labor (DOL) confirmed it is withdrawing the rule promulgated under the Trump administration addressing how to determine whether a worker is an employee or independent contractor under the...more

Proskauer - Labor Relations Update

Biden Administration Announces White House Task Force on Worker Organizing and Empowerment

On Monday, April 26, 2021, the White House released a press briefing detailing the establishment of a new White House Task Force on Worker Organizing and Empowerment (the “Task Force”). The Task Force, which the White House...more

Epstein Becker & Green

Podcast: Action Pending from Biden's OFCCP and OSHA - Employment Law This Week® - #WorkforceWednesday

This week on our special podcast series, Employers and the New Administration, employers await action from two agencies: the Office of Federal Contract Compliance Programs (“OFCCP”) and the Occupational Safety and Health...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

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