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Federal Labor Laws Biden Administration Labor Reform

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

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Following President Trump’s issuance of Executive Order 14148 on January 20, 2025, which rescinded 78 executive actions taken by Former President Biden, the President rescinded an additional slew of Biden-era executive...more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

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who is the Acting General Counsel for the National Labor Relations Board (“NLRB” or “Board”) released a memo, which rescinded prior memos issued by Jennifer Abruzzo, who served in the...more

Frantz Ward LLP

Acting NLRB General Counsel Rescinds Biden Board General Counsel Memoranda

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Although he was appointed Acting General Counsel (AGC) of the National Labor Relations Board (NLRB) less than two weeks ago, William B. Cowen has wasted no time in advancing the Trump administration’s pro-employer and...more

Jackson Lewis P.C.

NLRB Acting GC: Student-Athletes Are Not Employees

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On February 18, 2025, National Labor Relations Board Acting General Counsel William Cowen rescinded a September 2021 memorandum in which former Board General Counsel Jennifer Abruzzo declared college athletes should be...more

Fox Rothschild LLP

New NLRB Counsel Overturns Biden-Era Policies, Signaling Pro-Employer Shift

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With one stroke of his pen, the National Labor Relations Board’s (NLRB) new Acting General Counsel, William Cowen, has effectively dismantled more than two dozen key Biden-era initiatives that favored employees and unions. ...more

Ballard Spahr LLP

NLRB Acting General Counsel Rescinds Numerous Biden-Era Guidance Memoranda

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The National Labor Relations Board’s Acting General Counsel has moved quickly to undo the work of his predecessor, a Biden appointee, who President Trump recently removed from office. On February 14, 2025, Acting General...more

Ballard Spahr LLP

President Trump Appoints NLRB Acting General Counsel

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Since his inauguration, President Donald Trump has been making changes to the National Labor Relations Board (NLRB) almost every day....more

Troutman Pepper Locke

Trucking-Backed Suit May Be Arena for Dumping Biden Independent Contractor Rule

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Richard Reibstein, a partner with Troutman Pepper Locke, was quoted in the February 3, 2025 FreightWaves article, “Trucking-Backed Suit May Be Arena for Dumping Biden Independent Contractor Rule.”...more

Littler

Trump Fires EEOC Commissioners, General Counsel, Depriving Agency of Quorum

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Following on the heels of the January 27, 2025 dismissal of National Labor Relations Board Member Gwynne Wilcox and NLRB General Counsel Jennifer Abruzzo, President Trump fired two of the three Democratic Commissioners on the...more

Epstein Becker & Green

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

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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

Seyfarth Shaw LLP

Federal Agency Gives Notice That It May Reverse Course on Its Own Preemption Determination for California and Washington Meal and...

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Seyfarth Synopsis: The Federal Motor Carrier Safety Administration determined only a few years ago that federal law preempts California’s and Washington’s meal and rest period rules. Regardless of what would happen in the...more

Epstein Becker & Green

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

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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

Seyfarth Shaw LLP

Policy Matters Newsletter - March 2023

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Biden Officially Nominates Su To Replace Marty Walsh. This week, President Biden officially announced the nomination of Julie Su to replace Marty Walsh atop the Department of Labor. We have had numerous occasions to discuss...more

Littler

2022 Midterm Election Impact on Labor and Employment Policy

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Over the weekend, Senate Democrats defied midterm election historical trends and maintained control of their narrow majority in the Senate. In Nevada, Democratic Senator Catherine Cortez Masto narrowly defeated Republican...more

CDF Labor Law LLP

NLRB Proposal Seeks to Make Removing Unions More Difficult

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The Biden National Labor Relations Board has been very busy trying to undue the work of the Trump Board ever since Jennifer Abruzzo took over as NLRB General Counsel. In the latest maneuver, on November 3rd, the Board issued...more

FordHarrison

U.S. Department of Labor Announces New Independent Contractor Rule

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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

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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

Littler

Spring Regulatory Agenda Provides Roadmap to Anticipated Federal Rulemaking

Littler on

On June 21, 2022, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions.  These semi-annual regulatory agendas outline federal agency goals for the months ahead. Although the...more

Bodman

U.S. Department of Labor Announces Plans to “Go Back to the Future”

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The U.S. Department of Labor (“DOL”) recently announced that it is taking steps in furtherance of the Biden Administration’s stated aim to increase workers’ wages. - On Friday March 11, the DOL announced that it will...more

Jackson Walker

Labor & Employment Actions in Biden's First 100 Days

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Jackson Walker Labor & Employment attorney Jackie Staple discuss what actions President Biden and his administration have taken during his first 100 days in office. Aside from prioritizing the COVID-19 vaccine distribution,...more

Fisher Phillips

Surprise! Federal Proposal Would Require States to Adopt California’s ABC Contractor Classification Test for Unemployment Purposes

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Most attention about whether the Biden administration would attempt to adopt a version of California’s notorious “ABC test” for determining whether individuals are properly classified as employees or independent contractors...more

Holland & Hart - Employers' Lawyers

Changing of the Guard: NLRB Precedent Under Biden Administration

Given the recent, whiplash-like reversals of labor law precedent by the National Labor Relations Board (NLRB) (depending on which presidential administration is in power), employers naturally wonder if the current version of...more

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