Update on the State of Non-compete Restrictions (LaborSpeak)
California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
(Podcast) California Employment News: Taking Advantage of the PAGA Reform – How Employers Can Lower Their Risk of PAGA Liability
The Labor Law Insider: What's Next for Labor Law Under the Trump Administration, Part II
Work This Way: A Labor & Employment Law Podcast - Episode 39: Best Practices for Conducting RIFs and Layoffs with Jennifer Wheeler of Maynard Nexsen
#WorkforceWednesday®: Should Employers Shift Workforce Data Collection Under President Trump? - Employment Law This Week®
Work This Way: A Labor & Employment Law Podcast - Episode 38: Mine Safety and Health Administration (MSHA) with John Holmes of Maynard Nexsen
#WorkforceWednesday®: Workplace Law Shake-Up - DEI Challenges, NLRB Reversals, and EEOC Actions - Employment Law This Week®
The Labor Law Insider: What's Next for Labor Law Under the Trump Administration, Part I
The Implications of President Trump's EO on Gender Ideology: What's the Tea in L&E?
#WorkforceWednesday®: Federal Agencies Begin Compliance Efforts Under Trump Administration - Employment Law This Week®
Employment Law Now IX-159 - 8th Anniversary Special: The Current State of Politics for Employers
#WorkforceWednesday®: Employment Law Changes Under President Trump - Employment Law This Week®
#WorkforceWednesday®: PAGA in California, NLRB Authority, New Employment Laws in 2025 - Employment Law This Week®
Employment Law Now VIII-157 - Top 5 L&E Issues to Watch in 2025
#WorkforceWednesday®: Employment Law in 2025: A Look Ahead - Employment Law This Week®
#WorkforceWednesday®: 2024 Workforce Review - Top Labor and Employment Law Trends and Updates - Employment Law This Week®
The Labor Law Insider - Elections Have Consequences: Labor Law Changes Anticipated Under Trump Administration, Part II
(Podcast) California Employment News – Key Employment Law Updates: What’s Changing in 2025
California Employment News – Key Employment Law Updates: What’s Changing in 2025
On April 3, 2025, the New Jersey Department of Labor and Workforce Development (“DOL”) filed proposed new rules codifying its interpretation of the statutory ABC test to determine whether an individual is considered an...more
Last month, the most significant legal development in the area of independent contractor (IC) compliance and misclassification was on Capitol Hill. Bill Cassidy of Louisiana, a Senate Republican who chairs the Senate Health,...more
The most significant development last month in the law of independent contractors was not one of the four cases we summarize below but rather a bill passed by the New York Senate. ...more
Approximately one year ago, we discussed the impact of the final rule from the U.S. Department of Labor (DOL) regarding whether a worker is an employee or independent contractor under the Federal Fair Labor Standards Act...more
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
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
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
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
Thanks to powerful lobbying, last week the House of Representatives introduced a new bipartisan bill, the Worker Flexibility and Choice Act (the “Act”). This bill provides for a new classification of workers in between...more
On Monday, February 7, 2022, the White House Task Force on Worker Organizing and Empowerment (Task Force) released its long-awaited Report detailing nearly 70 recommendations for revising our nation’s labor laws and...more
In what will have a significant impact on the employment status of “gig” economy workers under federal labor law, the National Labor Relations Board (“NLRB” or “Board”) seems poised to revert to a more worker-friendly...more
Over 28 million people in the EU currently work through digital labor platforms. By 2025, this number is expected to reach 43 million. The rise of digital labor platforms (i.e., what is often referred to as the “gig” or...more
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
The Protecting the Right to Organize Act, or PRO Act (H.R. 842, S. 420), would make extensive changes in US labor laws, including the PRO Act’s reformulation of “independent contractor” status. This is not a mere technical...more
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
On January 19, 2021, the U.S. Department of Labor issued four new opinion letters. The final Wage and Hour opinion letter issued by the DOL under the Trump administration, FLSA2021-9, addressed two issues related to the...more
The U.S. Department of Labor (DOL) has finalized a rule addressing how to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA), effective March 8, 2021. Under the FLSA,...more
While the proposed rule retains the “economic realities test,” it consolidates the existing factors used to guide analysis of independent contractor status under the Fair Labor Standards Act and focuses on two “core factors.”...more