News & Analysis as of

Labor Reform Wage and Hour Biden Administration

Littler

DOL Reinstates Virtual Marketplace Platform Opinion Letter Signaling Return to Relaxed Independent Contractor Test and Acceptance...

Littler on

In recent months, the Department of Labor (DOL) has seen an overhaul of its agency leadership. First, President Trump appointed Secretary of Labor Lori Chavez-DeRemer and Deputy Secretary Keith Sonderling, and more recently,...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

Bradley Arant Boult Cummings LLP

Federal Contractor Minimum Wage Executive Order Revoked

On March 14, 2025, President Donald Trump issued an executive order rescinding several policies from the previous administration, including Executive Order 14026, which had increased the minimum wage for federal contractors....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

DarrowEverett LLP

Predicting U.S. Labor & Employment Changes From New Administration

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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

Stotler Hayes Group, LLC

New Nursing Home Staffing Standards Announced By Biden Administration

On April 22, 2024, the Centers for Medicare and Medicaid Services (“CMS”) announced that it had issued several new rules affecting Medicaid beneficiaries and skilled nursing facilities. Most important to skilled nursing...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

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

Epstein Becker & Green on

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

The Biden Administration Issued Its Spring 2023 Regulatory Agenda . . . in (Late) Spring 2023! What’s in the Works for DOL...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 13, 2023, the Biden Administration announced the release of its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (the 2022 Fall Agenda was issued in January 2023). In connection...more

Fisher Phillips

5 Employer Takeaways – and Predictions – From Biden’s 2023 State of the Union

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“For too long, workers have been getting stiffed. But not anymore. We’re beginning to restore the dignity of work.” With these words, spoken by President Biden midway through his State of the Union address Tuesday night,...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

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

Poyner Spruill LLP

DOL Expected to Raise Minimum Salary for Exempt Status

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President Biden’s Administration, including the United States Department of Labor (DOL), have clearly expressed their belief that the minimum salary employers are required to pay to their exempt employees needs to be...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

Jones Day

New Directive From OFCCP Signals the Biden Administration's Prioritization of Pay Equity

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On March 15, 2022, to coincide with this year's "Equal Pay Day," the OFCCP issued a new Directive on pay equity audits. Its stated purpose is to "provide guidance on how OFCCP will evaluate federal contractors' compliance...more

Bodman

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

Bodman on

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

Polsinelli

Ban on Salary History Inquiries to Expand to Federal Contractors

Polsinelli on

The emerging trend of laws banning inquiries into salary history and promoting pay transparency will soon expand to federal contractors.  On March 15, 2022, President Biden issued an Executive Order titled “Executive Order on...more

Polsinelli

OFCCP Issues New Directive Requiring Pay Equity Audits

Polsinelli on

On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued its first directive of the Biden Administration to address the requirement that federal government contractors and subcontractors perform...more

Littler

Decreasing Prospects for Increasing the Federal Minimum Wage to $15

Littler on

The centerpiece of the Biden administration’s labor and jobs agenda is an increase in the federal hourly minimum wage to $15 an hour.  Last year President Biden, via executive power, instituted a $15 minimum wage for federal...more

Littler

Inflation-Related Wage Changes Require Employers to Keep Their CP-Eye on the Prize

Littler on

During his State of the Union address, President Biden indicated that getting inflation under control was a top priority, and to businesses he said, “Lower your costs, not your wages.” For many employers throughout the...more

Jones Day

Biden Department of Labor Proposes $15 Minimum Wage for Federal Contractors

Jones Day on

Overview  As previously discussed here, pursuant to Executive Order 14026 signed by President Biden on April 27, 2021, the Department of Labor ("DOL" or "Department") recently published a notice of proposed rulemaking titled...more

Foley & Lardner LLP

$15 Minimum Wage for Federal Government Contractors Starting in January 2022

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If your company is a federal government contractor, be prepared to pay your employees at least $15 per hour as a minimum wage starting January 30, 2022. (If you are unsure if you are a federal government contractor, click...more

Proskauer - Government Contractor Compliance...

DOL Issues Proposed Rule on Raising Minimum Wage to $15 per Hour for Federal Contractor Employees

On July 21, 2021, the Department of Labor (“DOL”) announced a proposed rule (the “Proposed Rule”) to implement President Biden’s Executive Order (the “Order”) requiring an increase of the minimum wage for certain employees of...more

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