News & Analysis as of

Federal Labor Laws Biden Administration

Ballard Spahr LLP

Are You Ready for an NLRB Quorum?  It May be Coming!

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On July 17, 2025, the White House sent a series of nominations to the Senate, including nominations for two National Labor Relations Board members – Scott Mayer and James J. Murphy. If confirmed, the nominees would join...more

Foley & Lardner LLP

In Case You Missed It: DOL Prohibited From Collecting Liquidated Damages in Wage & Hour Pre-Litigation Investigations

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In case you missed it, the Department of Labor (DOL) issued a News Release on Friday, June 27, 2025, announcing it would no longer seek liquidated damages during pre-litigation investigations or associated settlements (this...more

Vedder Price

U.S. Department of Labor Announces Relaunch & Expansion of Its Opinion Letter Program

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On June 2, 2025, the U.S. Department of Labor (DOL) announced the relaunching and expansion of its opinion letter program (Program). The Program is designed to help the public understand their compliance obligations through...more

Stoel Rives - World of Employment

DOL Signals Business Friendly Independent Contractor Standard: What Employers Need to Know

The U.S. Department of Labor (DOL) recently stated that it will not enforce an employee-friendly independent contractor rule implemented by the Biden administration in 2024 (“Biden Rule”). The Biden Rule made it more...more

Cranfill Sumner LLP

Hiring Seasonal Employees for the Summer? Catch Up on the Latest in Federal Overtime Law.

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With summer nearing, employers across North Carolina and the country are swelling their ranks with seasonal employees. This article aims to update employers about the current state of federal law for paying workers who work...more

Burr & Forman

OSHA in 2025: Key Updates and What Employers Should Know

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Workplace safety initiatives continue to evolve amid the shifting political landscape and regulatory priorities. The Occupational Safety and Health Administration (OSHA) remains a central player in ensuring worker protection,...more

Mintz

Trump Administration Will Replace the Biden Administration's Department of Labor Rule Permitting ESG Investing

Mintz on

3 Under the Biden Administration, the Department of Labor ("DOL") had issued a rule that permitted ESG factors to be considered when making investments on behalf of 401(k) plans. (This rule had replaced an earlier one from...more

Sheppard Mullin Richter & Hampton LLP

DOJ Retracts Biden-Era Independent Contractor Classification Rule

On May 1, 2025, the United States Department of Labor’s (“DOL”) Wage and Hour Division announced it would not enforce or apply the Biden-era 2024 Final Rule regarding independent contractor classification (“2024 Rule”)....more

Ballard Spahr LLP

Department of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated Workers

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During the Biden administration, the U.S. Department of Labor (DOL) issued a final regulation (the “2024 Rule”) seeking to increase the salary threshold for overtime eligibility for the “white-collar” exemption (also referred...more

Offit Kurman

Navigating Contractor vs. Employee Classification

Offit Kurman on

In this episode of OK at Work, Sarah Sawyer and Russell Berger from Offit Kurman delve into the intricate and often confusing topic of independent contractor classification. They discuss the various tests and criteria used at...more

Troutman Pepper Locke

Trump Administration Reissues 2019 Opinion Letter on Independent Contractors and Virtual Marketplace Companies

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The U.S. Department of Labor re-issued an Opinion Letter on the issue of independent contractor (IC) status of an on-demand virtual marketplace company (VMC) that refers end-market consumers to service providers who offer...more

Saul Ewing LLP

PLAs’ Long Strange Trip Under the Biden and Trump Administrations and What It Means for Contractors Today

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Between Biden’s “most pro-union president ever” term and Trump’s recent federal policy changes done more by chainsaw than scalpel, Project Labor Agreements (PLAs) have endured a tumultuous path recently. Used primarily on...more

Conn Maciel Carey LLP

Fed OSHA Heat Illness Rulemaking – Next Steps for Employers Heat Illness Prevention Rulemaking Coalition

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We are providing an update on federal OSHA’s Heat Illness Prevention rulemaking and hopefully starting a meaningful dialogue with the employer community about potential next steps for this controversial rulemaking. Conn...more

Maynard Nexsen

Nursing Home Industry Cheers While Also Signaling a Continuing Need for Workforce Solutions

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When the Biden administration issued its final rule related to federally imposed minimum staffing requirements for long-term care facilities (“Final Rule”) on April 22, 2024, it sought to mandate minimum levels of nursing...more

Conn Maciel Carey LLP

Biden’s OSHA Pushes Heat Illness Prevention Rule Close to the Finish Line - UPDATED 4/14/25

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On January 14, 2025, just six days before the transition from the Biden Administration to the second Trump Administration, OSHA closed the books on collecting public comments about the agency’s Notice of Proposed Rulemaking...more

Goldberg Segalla

Anticipated Regulatory Changes with OSHA

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With President Donald Trump now in his second term, several changes to the Occupational Safety and Health Administration (OSHA) are anticipated based on his previous administration’s approach, current policy signals, and the...more

Seyfarth Shaw LLP

Waiver Goodbye – Continued FMCSA Preemption Of Meal And Rest Periods For California and Washington Drivers

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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

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

Fifth Circuit Court of Appeals Negates Ruling on Federal Contractor Minimum Wage

On March 28, 2025, the Fifth Circuit Court of Appeals vacated its previous ruling that permitted a $15 per hour minimum wage for federal contractors, shortly after President Donald Trump revoked the Biden administration rule...more

Constangy, Brooks, Smith & Prophete, LLP

Out again: Court pauses order that prevented removal of NLRB’s Gwynne Wilcox

The termination of NLRB Member Gwynne Wilcox is back in place, at least for the time being. Earlier this month, Judge Beryl A. Howell issued an injunction that blocked President Trump and Marvin Kaplan, Chairman of the...more

Fisher Phillips

Snapshot on the Manufacturing Industry: New Administration Rolls Back Biden-Era Labor Law Policy

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Welcome to this edition of the FP Snapshot on the Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the Manufacturing...more

Ballard Spahr LLP

Trump Rescinds Additional Biden-Era Executive Orders, Rolling Back Minimum Wage and Labor-Friendly Provisions for Federal...

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Following President Trump’s issuance of Executive Order 14148 on January 20, 2025, which rescinded 78 executive actions taken by Former President Biden, the President rescinded an additional slew of Biden-era executive...more

Littler

President Trump Decreases Minimum Wage for Federal Contractors

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On March 14, 2025, President Trump issued an executive order ending the obligation to pay individuals working on or in connection with certain federal contracts or subcontracts a minimum wage currently set at $17.75 per hour....more

Holland & Knight LLP

President Trump Rescinds Biden Administration Federal Contractor Minimum Wage

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In an executive order (EO) issued on March 14, 2025, "Additional Rescissions of Harmful Executive Orders and Actions" (the Order), President Donald Trump revoked several Biden Administration EOs and actions, including EO...more

Berkshire

Federal Contractor Minimum Wage Mandate Revoked

Berkshire on

Federal contractor employers are no longer subject to special federal minimum wage rates for work performed on or in connection with certain federal contracts. Late last week President Trump issued what might be described as...more

Poyner Spruill LLP

Acting General Counsel for NLRB Signals Change in Employment Policies Under Trump Administration

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On February 14, 2025, William B. Cowen, who is the Acting General Counsel for the National Labor Relations Board (“NLRB” or “Board”) released a memo, which rescinded prior memos issued by Jennifer Abruzzo, who served in the...more

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