News & Analysis as of

Employer Liability Issues Comment Period

Fisher Phillips

New Jersey Sharpens Focus on Misclassification Issues, Inches Closer to Adopting “ABC Test” Regulations: What Businesses Need to...

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As independent contractor misclassification enforcement eases up at the federal level, New Jersey is doubling down on the state’s strict test for determining how a worker should be classified under various state laws. The New...more

Stinson LLP

OSHA Publishes Hotly Anticipated Proposed Heat Standard

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At long last and at the tail-end of what is on track to be the hottest summer on record, the Occupational Safety and Health Administration (OSHA) issued its first proposed heat standard on August 30, 2024. OSHA's Notice of...more

Epstein Becker & Green

Clearing Up Confusion: New Jersey Division on Civil Rights Proposes Detailed Guidelines Concerning What Constitutes Disparate...

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On June 3, 2024, the New Jersey Division on Civil Rights proposed new regulations addressing Disparate Impact Discrimination, N.J.A.C. 13:16 (the Proposed Rules) under the New Jersey Law Against Discrimination (LAD)....more

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

Oregon Bureau of Labor and Industries Proposes New Requirements Related to an Employer’s Response to Allegations of Harassment

On May 24, 2024, the Oregon Bureau of Labor and Industries (BOLI) issued a notice of proposed rulemaking to “clarify the rights of employees and the responsibility of employers following allegations of workplace harassment.”...more

McDermott Will & Emery

Proposed Federal Contractor Rule Will Impose Pay Equity and Transparency

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There are proposed amendments to the Federal Acquisition Regulation (FAR) that will change employment practices for federal contractors in two ways. First, these amendments will prohibit federal contractors from seeking and...more

Eversheds Sutherland (US) LLP

DOL’s final rule: You say “overtime” I say “salary thresholds”

The US Department of Labor (DOL) released its final rule to increase the federal salary threshold for exemption under the Fair Labor Standards Act (FLSA) on April 23, 2024. DOL had previously issued On August 30, 2023, the US...more

Faegre Drinker Biddle & Reath LLP

The FTC Non-Compete Rule – It’s Finally Here (Almost)!

On April 16, 2024, the Federal Trade Commission (FTC) announced that, next Tuesday, April 23, it will be releasing the final version of its proposed rule largely prohibiting employee non-competition restrictions. See FTC...more

Bradley Arant Boult Cummings LLP

It’s the Final Countdown – The Final PWFA Regs Are Here

It has been a long road to this point, but the final Pregnant Workers Fairness Act (PWFA) regulations are here. We first blogged in early 2023 about the PWFA, which became effective in June 2023, and again last August when...more

Perkins Coie

Proposed Rule Would Impose Pay Transparency and Salary History Requirements for Federal Contractors

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The Federal Acquisition Regulatory Council issued a Proposed Rule, “Pay Equity and Transparency in Federal Contracting,” on January 30, 2024. The Proposed Rule would amend the Federal Acquisition Regulations (FARs), which...more

Bowditch & Dewey

MCAD Announces Draft of Updated Harassment Guidelines and Seeks Public Comment

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On January 25, 2024, the Massachusetts Commission Against Discrimination (MCAD – see Note 1) announced new draft guidelines titled “Guidelines on Harassment in the Workplace” (the “Draft Guidelines”). The Draft Guidelines are...more

Schwabe, Williamson & Wyatt PC

Pay Equity and Transparency in Federal Contracting

Comments on the proposed rule are due by April 1, 2024. On January 30, the Department of Defense, General Services Administration, National Aeronautics and Space Administration, and Office of Federal Procurement Policy...more

Seyfarth Shaw LLP

FMCSA To Accept Public Comments In Response To Petitions Seeking Waiver Of Meal And Rest Period Preemption Determination On Behalf...

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Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the...more

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

Cal/OSHA Standards Board Publishes Further Modifications of Draft Indoor Heat Illness Prevention Standard

On December 22, 2023, the California Occupational Safety and Health Standards Board published further modifications of the draft indoor heat illness standard. The modifications, which were based on suggestions received in...more

Morgan Lewis

OSHA’s ‘Union Walkaround Rule’ Heads Toward Finalization Following Comment Period

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A recent proposed rulemaking from the US Occupational Safety and Health Administration (OSHA) seeks to make it easier for unions and other third parties to gain access to private worksites, creating steep consequences for...more

FordHarrison

The U.S. Department of Labor’s Proposed White Collar Exemption Changes

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Under a new proposed rule from the U.S. Department of Labor (“DOL”), millions more workers would be eligible for overtime pay unless employers pay a much higher salary threshold. As it stands, under the Fair Labor Standards...more

Miles Mediation & Arbitration

Expect Change: A Closer Look at the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA), which requires employers with fifteen (15) or more employees to provide reasonable accommodations for an employee’s or applicant’s known limitations related to pregnancy, childbirth,...more

Laner Muchin, Ltd.

EEOC Proposes Workplace Harassment Guidance: What Employers Should Know

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The U.S. Equal Employment Opportunity Commission (EEOC) proposed new guidance for employers regarding updates to the law and modern examples of workplace harassment. The public is allowed to comment on the proposed guidance...more

Parker Poe Adams & Bernstein LLP

New EEOC Guidance Explains Agency's Position on Developing Harassment Claims

Earlier this month, the Equal Employment Opportunity Commission (EEOC) issued a proposed guidance on workplace harassment. The EEOC intends the guidance to replace the current document that was issued in 1999....more

Bodman

Department of Labor Proposes an Increase to the FLSA Exempt Employee Salary Threshold; Is 2023(4) the New 2019 or 2017?

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On August 30, 2023 the U.S. Department of Labor (“DOL”) announced the much anticipated Notice of Proposed Rulemaking (“NPRM”) which, if implemented, would increase certain otherwise salary exempt employees’ compensation under...more

Nelson Mullins Riley & Scarborough LLP

Proposed EEOC Harassment in the Workplace Guidance

On Sept. 29, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued proposed updated workplace harassment guidance (the “Proposed EEOC Guidance”) for the first time since 1999.   The Proposed EEOC Guidance, which is...more

BakerHostetler

EEOC’s Proposed Enforcement Guidance on Workplace Harassment - What Should Employers Be Doing as a Result?

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On Oct. 2, the Equal Employment Opportunity Commission (EEOC) released proposed enforcement guidance on harassment in the workplace, and the proposed guidance has been receiving quite a bit of attention. This begs the...more

Steptoe & Johnson PLLC

First EEOC Guidance on Harassment Since 1999 Is Open for Public Comment Until November 1

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On September 29, the Equal Employment Opportunity Commission (EEOC) released draft enforcement guidance on workplace harassment, which was published in the Federal Register on October 2. The proposed guidance will be open for...more

Constangy, Brooks, Smith & Prophete, LLP

What's in that new EEOC guidance on workplace harassment?

It's worth a read. The U.S. Equal Employment Opportunity Commission recently released a proposed Enforcement Guidance on Harassment in the Workplace, and it's quite good. Don't let the length intimidate you. If you aren't an...more

Butler Snow LLP

EEOC Releases New Guidance on Harassment in the Workplace

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On September 29, 2023, the U.S. Equal Employment Opportunity Commission (the “EEOC”) released its draft guidance concerning harassment in the workplace. The updated guidance reflects notable changes in law, including the...more

Seyfarth Shaw LLP

New York State Pay Transparency in Job Advertisements Law Goes Into Effect and Department of Labor Issues Proposed Regulations

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Seyfarth Synopsis: New York State’s law on pay transparency in job advertisements went into effect on September 17, 2023. A few days before the law’s effective date, the state’s Department of Labor published proposed rule...more

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