News & Analysis as of

Employer Liability Issues Biden Administration Wage and Hour

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

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 3, March 2025

Welcome to our third issue of The Site Report for 2025! In this edition, we address new case law impacting contract provisions in South Carolina, construction-related pricing and tariffs, the new administration's effect on...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

Whiteford

Client Alert: Avoiding Legal Pitfalls and Risks in Workplace Use of Artificial Intelligence

Whiteford on

Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more

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

DOL’s Wage and Hour Division Issues New Guidance on Employers’ Use of AI

On April 29, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published new guidance clarifying employers’ obligations under federal labor laws as they pertain to use of automated systems and artificial...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

PilieroMazza PLLC

New Wave of Pay Transparency Requirements Affects Employers and Federal Contractors

PilieroMazza PLLC on

A growing patchwork of state pay transparency laws is placing additional requirements on employers. At least five states and the District of Columbia have now enacted pay transparency laws requiring employers to disclose...more

BakerHostetler

The Department of Labor Has Your Business in Its Sights: Act Now to Prevent Costly Penalties Later

BakerHostetler on

President Joe Biden has signed off on the most recent government funding bill, which allocates $13.4 billion to the United States Department of Labor (DOL), including $260 million earmarked for the DOL’s Wage and Hour...more

Troutman Pepper Locke

Reminder: Final Biden Administration Independent Contractor Rule Takes Effect March 11 – ‎Do Not Fear, But Don’t Stand Still

Troutman Pepper Locke on

On January 9, 2024, the same day the U.S. Department of Labor issued its final rule on independent contractor status, we published a comprehensive blog post analyzing and commenting on the new regulation, which goes into...more

Seyfarth Shaw LLP

Biden Administration Announces Actions Aimed at Advancing Pay Equity for the Federal Workforce and Federal Contractor Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: Earlier this week, the Biden Administration announced actions to support the equal pay principles set forth by Executive Orders 14035 and 14069. These actions will impact federal contractors and...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

Fisher Phillips

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

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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

Schwabe, Williamson & Wyatt PC

Minimum Wage Increase for Federal Contractors

Effective January 1, 2024, the minimum wage for workers who perform work on or in connection with federal contracts will increase from $16.20 per hour to $17.20 per hour. This will apply to most federal contracts entered into...more

Dentons

DOL Revisits Obama Era Baseline for Exempt Workers

Dentons on

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

Epstein Becker & Green

Biden NLRB Reverts to Obama Era Independent Contractor Test: Test Previously Rejected by DC Circuit

Epstein Becker & Green on

Shocking few NLRB observers, the National Labor Relations Board (NLRB), in The Atlanta Opera, Inc., Case 10-RC-276292, a 3-1 decision issued June 13, 2023, announced its modified standard for analyzing whether  workers are...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from February 2023

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Seyfarth Shaw LLP

The Biden Administration Issued Its Latest Regulatory Agenda – What’s on Tap for DOL in 2023?

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Seyfarth Synopsis: On January 4, 2023, the Biden Administration announced the release of its Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the...more

Schwabe, Williamson & Wyatt PC

FTC Proposes Regulations Barring Non-Compete Agreements

On July 9, 2021, President Biden signed an Executive Order requesting that agencies, including the Federal Trade Commission (FTC), issue rules banning employers from entering non-compete agreements with employees. Following...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

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

Poyner Spruill LLP

DOL Expected to Raise Minimum Salary for Exempt Status

Poyner Spruill LLP on

President Biden’s Administration, including the United States Department of Labor (DOL), have clearly expressed their belief that the minimum salary employers are required to pay to their exempt employees needs to be...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

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