News & Analysis as of

Employer Liability Issues Comment Period Proposed Rules

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

Stinson LLP on

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...

Epstein Becker & Green on

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

McDermott Will & Emery on

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

Perkins Coie

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

Perkins Coie on

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

Morgan Lewis

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

Morgan Lewis on

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

Steptoe & Johnson PLLC

DOL Proposed Rule Would Make Higher-Paid Employees Eligible for Overtime

Steptoe & Johnson PLLC on

On August 30, the U.S. Department of Labor (DOL) announced that it would put forward a rule to raise the salary threshold under which employees are eligible for overtime pay under federal labor laws. The Fair Labor Standards...more

Seyfarth Shaw LLP

DOL Proposes Regulations Authorizing Union and Other Third-Party Representation of Employees During OSHA Inspections

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Labor has announced notice and comment rulemaking as it seeks to revise its regulations regarding who can be authorized by employees to act as their representative to accompany OSHA...more

Gould + Ratner LLP

New DOL Proposal Would Expand Overtime Pay to Millions of Workers

Gould + Ratner LLP on

The U.S. Department of Labor (DOL) has announced a new proposed rule that – if it becomes final – would extend overtime pay to over 3 million American workers. Annual Salary Threshold for EAP Exemptions Increases to...more

Littler

OSHA Wants to Revise its Worker Walkaround Representative Policy – Should Employers Be Concerned?

Littler on

On August 29, 2023, the U.S. Occupational Safety and Health Administration (OSHA) released a proposed rule that would resurrect an Obama-era policy that allowed employees to designate third-party representatives to accompany...more

Stinson LLP

EEOC Proposes New Regulations For Pregnant Workers Fairness Act

Stinson LLP on

In late 2022, President Biden signed legislation creating new protections for pregnant and nursing employees, which was addressed in a previous alert. The Pregnant Workers Fairness Act (PWFA), went into effect on June 27,...more

Seyfarth Shaw LLP

Policy Matters Newsletter - April 2023

Seyfarth Shaw LLP on

More Fallout From The FTC Proposed Noncompete Rule. As Seyfarth summarized here, and we podcasted and summarized here, the FTC has published a proposed rule which would ban all non-compete agreements between employers and...more

Proskauer - Law and the Workplace

NYC Set to Enforce Law to Regulate Use of Automated Hiring Tools Starting July 5

New York City will begin enforcing the New York City Automated Employment Decision Tools (“AEDT”) Law, on July 5, 2023, delaying the previously announced enforcement date of April 15. On April 6, 2023, after two sets of...more

Jenner & Block

Client Alert: Stakeholders Speak Out During Webinar on FTC’s Proposed Rule Banning Noncompetes

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Recently, the Federal Trade Commission (FTC) hosted another public forum on its proposed rule to ban noncompetition agreements (noncompetes). While the public forum provided opportunity to those for and against noncompetes to...more

Foley Hoag LLP

OSHA Announces Interim Final Rule on Antitrust Whistleblower Retaliation Claims

Foley Hoag LLP on

The Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor has released a new rule that will give antitrust whistleblowers added protection against retaliation. The new rule establishes...more

Polsinelli

FTC Proposed Noncompete Ban Reinforces Need to Protect Competitive Information Now

Polsinelli on

As we recently reported, on January 5, 2023, the Federal Trade Commission proposed a rule banning the use of non-compete covenants in nearly all circumstances. The FTC is seeking comments on the proposed rule until March 20,...more

Akerman LLP - HR Defense

Overbroad and Overstepping? FTC Moves to Ban Non-Competes Nationwide

Only days into the new year, the Federal Trade Commission announced a controversial proposed rule that would potentially ban all non-compete agreements nationwide. While the proposed rule would not take effect until the end...more

Bass, Berry & Sims PLC

FTC Proposes Banning Non-Compete Provisions for Workers

Bass, Berry & Sims PLC on

On January 5, the Federal Trade Commission (FTC or Commission), an agency charged with enforcing federal antitrust laws and protecting competition, proposed a new rule that would prohibit “employers” from imposing...more

DarrowEverett LLP

The Hunger Games: Can Competition Be Stopped?

DarrowEverett LLP on

On Jan. 5, the United States Federal Trade Commission (the “FTC”) proposed a new rule which acts as a complete ban—both prospectively and retroactively—on all non-competition agreements (“non-compete(s)”) (the “Proposed...more

Keating Muething & Klekamp PLL

Independent Contractor Classification - Deadline to Submit Comments on the Notice of Proposed Rulemaking is Approaching

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor...more

Cooley LLP

US Department of Labor Issues Proposed Rule on Independent Contractor Status

Cooley LLP on

On October 11, 2022, the Department of Labor (DOL) announced a proposed rule that would reinstate the “economic reality” test for determining whether a worker is an independent contractor or an employee under the Fair Labor...more

McDermott Will & Emery

The DOL Has Issued New Proposed Independent Contractor Classification Rules: What Now?

McDermott Will & Emery on

On October 11, 2022, the United States Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) seeking to undo the Trump administration’s 2021 independent contractor regulations and revert to the six-factor...more

Brooks Pierce

DOL Publishes Proposed Rule for Employee or Independent Contractor Classification

Brooks Pierce on

On October 13, 2022, the U.S. Department of Labor (DOL) published its proposed rule on Employee or Independent Contractor Classification Under the Fair Labor Standards Act (FLSA). The proposed rule would revert back to the...more

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