News & Analysis as of August 6, 2025

Department of Labor (DOL)

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

DOL Relaunches, Proposes Revisions to Affirmative Action Rules for Veterans and Disabled Workers

Haynes Boone on 8/1/2025

The Department of Labor (DOL) is taking steps to revise and relaunch its affirmative action requirements for veterans and people with disabilities. ...more

CFPB reportedly terminates 70 employees, including enforcement attorneys

Orrick, Herrington & Sutcliffe LLP on 2/14/2025

On February 11, the CFPB reportedly terminated about 70 probationary employees, including several enforcement division attorneys, informing the employees that their skills did not align with the CFPB’s current needs. The...more

NLRB Shakeup: Trump Removes Two NLRB Officials

Amundsen Davis LLC on 1/29/2025

President Trump has ousted National Labor Relations Board (NLRB)Labor Law General Counsel Jennifer Abruzzo—a move that mirrors former President Biden’s unprecedented removal of the board’s general counsel four years ago....more

Employment Law Now VIII-157 - Top 5 L&E Issues to Watch in 2025

Cozen O'Connor on 1/13/2025

It's another new year, and like prior years, today's episode identifies the 5 biggest labor and employment questions and issues that employers should be watching in 2025....more

Comprehensive Review of AI Workplace Law and Litigation as We Enter 2025

Fisher Phillips on 1/6/2025

It’s been a whirlwind few years when it comes to government and court activity related to the use of artificial intelligence in the workplace – but we’ve boiled it down to one place. This Insight reviews all of the laws,...more

October Tip of the Month: U.S. Department of Labor Issues Guidance on AI in the Workplace

Perkins Coie on 10/31/2024

On October 16, 2024, the U.S. Department of Labor (DOL) published new guidance on the use of artificial intelligence (AI) in the workplace (the AI Guidance). The AI Guidance is the most recent in a spate of federal, state,...more

New York and New Jersey Legislatures Introduce Bills That Seek to Regulate Artificial Intelligence (“AI”) Tools in Employment

Proskauer - Law and the Workplace on 3/13/2024

Employers who rely on artificial intelligence driven tools for their recruiting and hiring processes may face new regulations in New York and New Jersey. In the past few weeks, three bills have been proposed (two in New...more

NLRB Takes Aim at Employers that Classify Workers as Independent Contractors

Quarles & Brady LLP on 8/4/2023

In recent action, the National Labor Relations Board (“NLRB” or “Board”) has demonstrated a clear intention to closely scrutinize employers that classify workers as independent contractors. Specifically, in June, 2023, the...more

The Top Five Employment Law Issues Employers May Face In 2023

FordHarrison on 1/20/2023

In this Legal Alert, we review some of the hot topics in employment law that employers should watch out for as we move forward into 2023. Legislative and regulatory developments affecting the workplace across the country are...more

Deja Vu All Over Again as the U.S. DOL Proposes Rule to Reinstate Former Contract Classification Test

Nelson Mullins Riley & Scarborough LLP on 10/17/2022

On Tuesday, October 11, 2022, the United States Department of Labor, Wage and Hour Division (DOL), announced a proposed rule clarifying the Fair Labor Standards Act’s (FLSA) independent contractor classification test. The...more

DOL announces withdrawal of Trump administration independent contractor rule

Bricker Graydon LLP on 5/5/2021

On May 5, 2021, the Department of Labor (DOL) confirmed it is withdrawing the rule promulgated under the Trump administration addressing how to determine whether a worker is an employee or independent contractor under the...more

DOL Proposes to Scrap Employer-Friendly Independent Contractor Rule

Pullman & Comley - Labor, Employment and... on 3/19/2021

The Department of Labor (DOL) has officially published its notice proposing to withdraw the new rule – issued two weeks before the change in Presidential Administrations – allowing employers to more easily classify workers as...more

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (February 2020 Edition)

Littler on 3/9/2020

Hey, do you want to read an article not about COVID-19? Well, you are in luck, because in this virus-free issue of Wage Watch, we discuss only developments concerning the minimum wage, tips, and overtime that occurred in the...more

Seyfarth Policy Matters Newsletter - February 2020 #3

Seyfarth Shaw LLP on 3/3/2020

NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

Top 10 Developments and Headlines in Trade Secret, Non-Compete, and Computer Fraud Law for 2019 & 2020

Seyfarth Shaw LLP on 2/27/2020

Continuing our annual tradition, we have compiled our top developments and headlines for 2019 & 2020 in trade secret, non-compete, and computer fraud law. Here’s what you need to know to keep abreast of the ever-changing law...more

The Gig is Up – New Jersey Misclassification Laws Create Extreme Risk for Anyone Utilizing Independent Contractors

FordHarrison on 1/22/2020

Soon after being elected, New Jersey’s Governor created a task force to end misclassification of independent contractors, and the state’s Department of Labor and Workforce Development (DOL) began increasing audits and its...more

Frosty, the Gig Worker Performing Work Outside the Usual Course of the Hiring Entity’s Business: 2019 Year in Review

Seyfarth Shaw LLP on 12/20/2019

‘Twas the week before Christmas, in a year for the ages. So here’s our latest recap of hours and wages. The letters and laws. The regulations and cases. A year’s worth of matters that impacted workplaces....more

FMLA Regs May Soon Get Revamped To Ease Employer Burdens

Fisher Phillips on 5/24/2019

If the Department of Labor has anything to say about it, employers may soon get a bit of a reprieve when it comes to dealing with the administrative and compliance difficulties associated with the Family and Medical Leave...more

DOL proposes four-factor test to determine joint employment status

Bricker Graydon LLP on 4/4/2019

Earlier this week, the U.S. Department of Labor (DOL) announced its latest proposed rule to amend its existing regulations regarding joint employer arrangements under the Fair Labor Standards Act (FLSA). ...more

U.S. Department of Labor goes on rulemaking frenzy

McAfee & Taft on 4/3/2019

The U.S. Department of Labor (DOL) has been very active in the last couple of weeks. Last month, we alerted employers to newly published proposed rules that would raise the minimum salary level for white collar exemptions....more

October 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 11/12/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Food and Beverage Law Update: June 2018

Holland & Knight LLP on 6/12/2018

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Well, He Wrote Me a Letter: USCIS Provides Update on Initiatives under the “Buy American and Hire American” Executive Order

Bradley Arant Boult Cummings LLP on 5/24/2018

In April 2017, three months after taking office, President Trump signed the “Buy American and Hire American” Executive Order, which confirmed that his administration would be taking a tough stance on business immigration,...more

Workplace Policy Institute Insider Report - December 2016

Littler on 12/5/2016

Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block...more

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