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Foley & Lardner LLP

Trump Department of Labor Signals Likely Retreat from Biden Era Independent Contractor Classification Rule

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We’ve written before about the “tennis match” that describes how, with changes in presidential parties, the Department of Labor (DOL) has proposed different tests to determine whether workers are “employees” covered by the...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Littler

Federal Court Decision Protects Independent Contractor Status

Littler on

On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more

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

Can Discharging Remote Workers Trigger the WARN Act at a ‘Single Site of Employment’?

To say that COVID-19 has presented numerous challenges to employers would certainly be an understatement. One of the changes and challenges that has entered the workforce is the proliferation of work-from-home arrangements. ...more

Polsinelli

Labor Department Rescinds Pro-Franchise Joint-Employment Rule

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On July 29, 2021, the U.S. Department of Labor announced it is rescinding a final rule issued just last year (2020 Final Rule) that sought to clarify the standard for finding two separate entities to be “joint employers”...more

Littler

Department of Labor Withdraws Joint Employer Regulations

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On July 29, 2021, the U.S. Department of Labor announced it was formally rescinding regulations issued by the prior administration defining “joint employer” status under the Fair Labor Standards Act (FLSA).  ...more

Littler

Labor and Employment Rulemaking Prominent in President Biden’s First Regulatory Agenda

Littler on

On June 11, 2021, the federal government released its unified federal regulatory agenda for spring 2021, which outlines regulatory and deregulation actions agencies expect to take in the coming months....more

Amundsen Davis LLC

[Webinar] The Biden Administration: What Businesses Need to Know - Major Labor & Employment Changes Today and Tomorrow under the...

Amundsen Davis LLC on

The Biden administration is signaling significant policy shifts. Business owners and C-Suite executives are encouraged to join us for a series of complimentary webcasts discussing these likely changes and how they will impact...more

Fisher Phillips

January 2021: The Top 18 Labor And Employment Law Stories

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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

Littler

DOL Simplifies Independent Contractor Analysis in Final Rule

Littler on

On January 6, 2021, the U.S. Department of Labor (DOL) finalized its highly anticipated independent contractor rule.  The rule delivers on the DOL’s promise to simplify, clarify and harmonize the factors for determining when...more

Proskauer Rose LLP

If You Want an H-1, H1B1 or E3 Worker, Or to Sponsor an Applicant for a Green Card it Might Cost You More: New DOL Regulation

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With virtually no warning and effective immediately upon publication, as of October 8, 2020, the Department of Labor promulgated a regulation which, in effect, dramatically increases the wage that must be offered by any...more

Seyfarth Shaw LLP

DOL Proposes Its First-Ever Interpretation on Independent Contractor vs. Employee

Seyfarth Shaw LLP on

For decades, companies have wrestled with whether certain workers must be treated as employees subject to various employment laws and company rules or whether they are appropriately classified as independent contractors with...more

Epstein Becker & Green

DOL Reaffirms, Revises, and/or Clarifies the FFCRA Rule Provisions Invalidated by Federal Court

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The U.S. Department of Labor (“DOL”) has responded to last month’s court decision striking down several significant provisions of its temporary rule (“Rule”) interpreting the paid sick and expanded family and medical leave...more

Littler

DOL Revises FFCRA Regulations to Clarify Paid Leave Rules in Wake of New York Federal Court’s Decision

Littler on

On September 11, 2020, the U.S. Department of Labor (DOL) issued revised regulations under the Families First Coronavirus Response Act (FFCRA) following a federal court’s decision that invalidated a handful of regulatory...more

Ballard Spahr LLP

FFCRA Updates - September 2020

Ballard Spahr LLP on

NOTE: On August 3, 2020, a New York federal court invalidated four provisions of the U.S. Department of Labor’s regulations related to the FFCRA. The four provisions vacated by the court are the “work availability”...more

Polsinelli

Department of Labor Announces Annual Increase to Minimum Wage for Federal Contractors

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On August 31, 2020, the Department of Labor’s Wage and Hour Division published its annual update to the minimum wage for federal government contractors.  As of January 1, 2021, employees performing services on or in...more

Fisher Phillips

Back To Square One: Court Ruling Upends COVID-19 Leave Rules

Fisher Phillips on

In a surprising and significant ruling Monday, a New York federal judge tossed out several key Department of Labor rules regulating the Families First Coronavirus Response Act (FFCRA), meaning that more workers will be able...more

Fisher Phillips

5 Most Likely FMLA Changes That Could Be On The Horizon, Per DOL Information Request

Fisher Phillips on

The Department of Labor just provided employers a sign that it might be open to altering the Family and Medical Leave Act regulations and guidance, perhaps resolving some of the more difficult aspects of the law that cause...more

Seyfarth Shaw LLP

Fluctuating Workweek + Incentive Pay = No Problem—DOL Sends Final Rule to White House

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Labor’s Wage & Hour Division has entered the final phase of issuing a new rule concerning the fluctuating workweek (FWW) method of compensation under the FLSA. ...more

Polsinelli

Department of Labor Clarifies that Franchising Does Not Make Joint-Employer Status More Likely under FLSA

Polsinelli on

On January 12, 2020, the U.S. Department of Labor announced a final rule that updates its regulations interpreting when multiple entities can be held liable as “joint employers” for wage-and-hour violations under the Fair...more

Fisher Phillips

Labor Department’s New 4-Factor Rule Attempts To Limit Joint Employment

Fisher Phillips on

The U.S. Department of Labor just finalized its rule that attempts to limit the scope of joint employment liability for wage and hour matters. Although much remains to be seen, this rule may usher in a new era, and could lead...more

Bradley Arant Boult Cummings LLP

Keeping It Regular: DOL Issues Rule Clarifying Regular Pay Rate

The Department of Labor recently issued a final rule about how to calculate an employee’s regular rate of pay for overtime purposes under the Fair Labor Standards Act. As everyone knows, under the FLSA you have to pay...more

McDermott Will & Emery

Top 10 Things to Know About the New FLSA Overtime Calculations

Beginning January 15, 2020, new, more employer-friendly regulations determine how overtime pay is calculated under the Fair Labor Standards Act....more

Littler

Littler Lightbulb: Shining a Light on Key Issues as we Leap into 2020

Littler on

The start of a new year always brings a fresh batch of employment concerns. While some workplace issues are evergreen, 2020 will present some unique challenges for employers. This Littler Lightbulb highlights some significant...more

Akerman LLP - HR Defense

Just In Time For Holiday Bonuses: Proposed New Guidance On “Fixed Salary”

Employers who compensate non-exempt employees based on the “fluctuating work week” method, take note. Last month, the Department of Labor issued a proposed rule that would permit employers to supplement the salaries of such...more

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