California Employment News: Back to the Basics of Employee Pay Days
The Labor Law Insider - How Unions Are Navigating Trump 2.0, Part I
Nonprofit Employer Return-to-Office Mandates: Best Practices and Litigation Risks
The Labor Law Insider: What's Next for Labor Law Under the Trump Administration, Part I
#WorkforceWednesday®: Employment Law in 2025: A Look Ahead - Employment Law This Week®
Employment Law Update: Staying Compliant in 2025
#WorkforceWednesday®: 2024 Workforce Review - Top Labor and Employment Law Trends and Updates - Employment Law This Week®
Employment Law Now VIII-155 - The Trump 2.0 Impact on Labor and Employment Law
#WorkforceWednesday®: Biden’s Final Labor Moves - Employment Law This Week®
The Labor Law Insider - Elections Have Consequences: Labor Law Changes Anticipated Under Trump Administration, Part I
#WorkforceWednesday®: What a Trump Win Means for Unions - Employment Law This Week®
(Podcast) California Employment News: Minimum Wage Increases for 2025
Work This Way: A Labor & Employment Law Podcast - Episode 35: Navigating Union Campaigns with Armando Llorente of Llorente HR Consulting
California Employment News: A Refresher on Voting Leave Laws for CA Employers
(Podcast) California Employment News: A Refresher on Voting Leave Laws for CA Employers
Work This Way: A Labor & Employment Law Podcast - Episode 33: Generations in the Workplace with Caroline Warner of The South Carolina Power Team, Part 1
Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part II
The Chartwell Chronicles: Employment Law Updates
DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv, Part II
Few federal regulations over the past five years have produced more needless concern by stakeholders than the independent contractor rules under the federal Fair Labor Standards Act (FLSA) issued by the different...more
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
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
In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more
There are few areas in employment law that remain in a greater state of flux than the question of who a business can properly classify as an independent contractor. The differences between federal and state law can make the...more
The new Department of Labor (DOL) Final Rule provides the following non-exhaustive six-factor test regarding whether a worker should be classified as an employee or an independent contractor for wage payment purposes...more
In this episode of The Burr Broadcast, Chandler Aragona explains the new Independent Contractor rule that goes into effect on March 11, 2024. ...more
The new rule makes it more difficult under federal law to classify workers as independent contractors. The new rule adopts the six-factor economic realities test, rather than the more stringent “ABC” test adopted by...more
On Jan. 9, 2024, the U.S. Department of Labor (DOL) announced the upcoming publication of its final rule on how to analyze whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more
In response to the U.S. Department of Labor’s proposed regulation released to the public on October 11, 2022 entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act,” an unprecedented...more
Fair Labor Standards Act - The FLSA establishes minimum wage, overtime pay, and payday standards, in addition to recordkeeping obligations and other workplace mandates. Importantly, the FLSA only places requirements on...more
The US Department of Labor published a Proposed Rule on October 13 seeking to return to applying a test that would make it more difficult for certain workers to qualify as independent contractors....more
The U.S. Department of Labor yesterday announced a Proposed Rule on the test to determine whether a worker should be classified as an employee or an independent contractor under the Fair Labor Standards Act. The DOL will...more
Worker classification is one of the most common, recurring tax disputes. At its most basic level, the question boils down to this: Is the worker an employee or an independent contractor? The risks of getting it wrong can...more
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
This week, we’re focusing on what employers can expect from the National Labor Relations Board (NLRB) in 2022. The Biden NLRB: What to Expect in 2022 (see video attached) The NLRB is headed in a new direction this year...more
On July 29, 2021, the United States Department of Labor (“DOL”) announced that it would rescind the Trump-era rule (the “Joint Employer Rule”) pertaining to the determination of joint employers for purposes of assigning...more
In today's new episode, Michael Schmidt talks about social media and schools (and what that means for employers generally), spousal claims against employers for getting COVID-19 at home, the withdrawal of the independent...more
On May 6, 2021, the U.S. Department of Labor formally withdrew final regulations promulgated earlier this year under the prior administration which set forth, for the first time by way of an Administrative Procedure Act...more
Welcome to #WorkforceWednesday. This week, we look at the return to Obama-era employment and labor policies, with a key difference: unionization. Biden DOL Takes an Obama-Era Approach Recent action from the Department of...more
On May 6, 2021, the United States Department of Labor (DOL) withdrew proposed rules set by the Trump Administration, which were originally intended to revise the test for classifying workers as independent contractors at the...more
On May 5, 2021, the Department of Labor (DOL) announced a final rule to withdraw a Trump-era independent contractor rule for determining how to classify workers under the Fair Labor Standards Act (FLSA). The DOL stated that...more
Biden’s Labor Agenda Through Executive Action and Changes At the Department of Labor - Before the 2020 election, then US Presidential candidate Joe Biden vowed to be the “strongest labor president you have ever had.” And...more
On May 5, 2021, the U.S. Department of Labor withdrew the pro-business Independent Contractor Final Rule published in the final days of President Trump’s administration. This withdrawal follows the Department of Labor’s...more
As expected, the U.S. Department of Labor (DOL) has repealed the Trump-era rule regarding classification of independent contractors. As we discussed here, the Trump-era rule codified the “economic realities test” for use...more