News & Analysis as of

Employer Liability Issues Department of Labor (DOL) Biden Administration

Keating Muething & Klekamp PLL

The Independent Contractor Tug-of-War: Navigating the Latest DOL Shifts

Classifying a worker as an independent contractor rather than an employee can be one of the more complicated—and risky—decisions an employer can make, as misclassification can lead to serious legal and financial consequences....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

Steptoe & Johnson PLLC

Expect Major Changes to Employment Benefits Under the Incoming Trump Administration

Steptoe & Johnson PLLC on

Although President-elect Trump provided few, if any, specific details surrounding his proposed changes to policies affecting employee benefits during his 2024 presidential campaign, employers and employees should expect a...more

Epstein Becker & Green

#WorkforceWednesday®: Biden’s Final Labor Moves - Employment Law This Week®

Epstein Becker & Green on

This week, we're highlighting several last-minute changes from federal agencies before the Trump administration takes office. These include the National Labor Relations Board’s (NLRB’s) recent ban on captive audience...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

Fisher Phillips

White House Takes Aim at Inefficient Business Practices Through “Time Is Money” Initiative: 5 Things Employers Should Do

Fisher Phillips on

The Biden Administration wants to crack down on corporate practices that it believes waste consumers’ time and money through excessive paperwork, long wait times, and other aggravations – and you’ll want to take note so you...more

Faegre Drinker Biddle & Reath LLP

Promises and Perils: Guiding Principles for Employers Implementing Artificial Intelligence in the Workplace

On October 30, 2023, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.  Pursuant to the Executive Order, on May 16, 2024, the U.S. Department 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

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

Seyfarth Shaw LLP

White House Finalizes AI Risk Management Standards for Federal Agencies, Hinting at Future Guidelines for Private Sector

Seyfarth Shaw LLP on

The Office of Management and Budget (OMB) finalized its guidance to federal agencies regarding the risk management steps the federal government must take when using artificial intelligence. OMB’s guidance establishes the...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

PilieroMazza PLLC

Successor Government Contractor Hiring Obligations Change: DOL’s Long Awaited Nondisplacement Rule Effective February 12, 2024

PilieroMazza PLLC on

On December 14, 2023, the Department of Labor’s (DOL) Wage and Hour Division (WHD) published its long-awaited Final Rule, “Nondisplacement of Qualified Workers Under Service Contracts.” The rule defines service contractors’...more

Gibney Anthony & Flaherty, LLP

U.S. Department of Labor to Consider Adding STEM Jobs to Streamlined Green Card Petitions

The U.S. Department of Labor (DOL) will solicit public input on expanding its list of Schedule A occupations eligible for streamlined immigration processing to include designated jobs in Science, Technology, Engineering, and...more

Seyfarth Shaw LLP

Sweeping AI Executive Order Has Labor Implications for Employers

Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 30, 2023, the Biden Administration issued a sweeping order on artificial intelligence. Among its numerous provisions, the Order touches on several issues of interest to employers. For employers...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

Seyfarth Shaw LLP

OSHA Issues Heat Hazard Alert Reminding Employers to Protect Workers Against Heat Illness and Injury – States are Following Suit

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Labor recently announced that OSHA has issued a heat hazard alert to “remind employers of their obligation to protect workers against heat illness or injury in outdoor and indoor...more

McDermott Will & Emery

Treasury, DOL and HHS Issue Landmark Mental Health Parity Proposed Rule

The US Departments of the Treasury, Labor, and Health and Human Services (the Departments) recently issued much-anticipated proposed regulations under the Mental Health Parity and Addiction Equity Act (MHPAEA) to better...more

McDermott+

Biden Administration Issues Proposed Reg to Clarify and Enforce Mental Health Parity Requirements

McDermott+ on

Another week, a lot more regs! Last week, the US Departments of Health and Human Services, Treasury and Labor (the Departments) released a proposed reg related to mental health parity requirements for health plans. This week,...more

McDermott Will & Emery

Preparing for the End of the COVID-19 Emergency: Deadline Tolling

McDermott Will & Emery on

The Biden administration previously announced its intent to end the COVID-19 National Emergency (NE) and the COVID-19 Public Health Emergency (PHE) on May 11, 2023 (read our series introduction for more information). On April...more

Verrill

The End of the COVID-19 Emergency Declarations Raises Questions, but We’ve Got Answers

Verrill on

It seems the COVID-19 pandemic is ending in the benefits world the same way it started: in a flurry of new laws, announcements, and notices intended to offer clarity but sowing confusion. To begin, it is important to remember...more

McDermott Will & Emery

Preparing for the End of the COVID-19 Emergency: High-Deductible Health Plans and Health Savings Accounts

The Biden administration originally announced its intent to end the COVID-19 National Emergency (NE) and the COVID-19 Public Health Emergency (PHE) on May 11, 2023 (read our prior article for more information). Although the...more

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