News & Analysis as of

Labor Regulations Proposed Rules

Seyfarth Shaw LLP

Sweating the Details: Cal/OSHA Proposes Changes to Heat Regulations

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On May 7, 2025, Cal/OSHA released a draft proposal to revise the outdoor and indoor heat illness prevention regulations (8 CCR Sections 3395 and 3396), aiming to implement requirements from AB 2243, signed by Governor Newsom...more

Troutman Pepper Locke

Garden State May Soon Become Even Less Hospitable to Independent Contractors ‎Than the Golden State

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The New Jersey Department of Labor and Industry (the Department) announced on April 28, 2025, that it was filing a notice of a proposed regulation addressing the test for independent contractor (IC) status under New Jersey...more

Jackson Lewis P.C.

Proposed Rules for Minnesota’s Earned Sick and Safe Time Law: Key Insights for Employers

Jackson Lewis P.C. on

Over a year after Minnesota’s Earned Sick and Safe Time (ESST) law went into effect in January 2024, Minnesota’s Department of Labor and Industry (DLI) recently published proposed permanent rules (the Proposed Rules) that, if...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2024 Year-End Review

The hits just kept coming from the National Labor Relations Board in 2024. The final year of the Biden board produced a flurry of decisions that kept labor practitioners on their toes. It seemed that each month, there was a...more

DCI Consulting

FAR Council Withdraws Proposed Pay Transparency Rule

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On January 8, 2025, the Federal Acquisition Regulatory Council (“FAR Council”) published a notice in the Federal Register withdrawing last year’s Notice of Proposed Rulemaking (NPRM) titled “Pay Equity and Transparency in...more

Jackson Lewis P.C.

FAR Council Withdraws Proposed Federal Contractor Pay Transparency Rule

Jackson Lewis P.C. on

Citing limited time in the remaining administration and desire to focus on “other priorities”, the Federal Acquisition Regulatory Council announced its withdrawal of the pending proposed rule requiring federal contractors...more

Foley Hoag LLP

FTC Issues Final Rule Banning Non-Compete Clauses Nationwide

Foley Hoag LLP on

On April 23, 2024, the Federal Trade Commission (“FTC”) issued its Final Rule prohibiting non-compete clauses in all agreements between employers and their workers. This controversial ban comes one year and six months after...more

Buckingham, Doolittle & Burroughs, LLC

FTC Ban on Non-Compete Agreements

The Federal Trade Commission (FTC) issued the long-awaited Non-Compete Final Rule that prohibits all new non-compete agreements and renders all existing non-competes unenforceable, except in limited circumstances. These...more

Steptoe & Johnson PLLC

The Federal Trade Commission Votes to Ban Non-Compete Agreements With Limited Exceptions

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On April 23, the Federal Trade Commission (FTC) issued a final rule banning non-compete agreements, subject to very narrow exceptions, after concluding that non-compete agreements are unfair methods of competition and violate...more

Brooks Pierce

FTC to Vote on April 23 on Proposed Rule Banning Non-Competition Agreements

Brooks Pierce on

On April 16, 2024, the FTC announced the agency will hold a special Open Commission Meeting at 2 p.m. (Eastern) on April 23 to vote on its proposed rule to ban the use of non-compete provisions in the employment context...more

Brooks Pierce

DOL Publishes Final Rule on Employee or Independent Contractor Classification

Brooks Pierce on

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

BakerHostetler

Alternatives to Noncompetes: Intellectual Property Alternatives to Noncompetes

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Intellectual Property Alternatives to Noncompetes is Part Three of BakerHostetler's three-part series, "Alternatives to Noncompetes.” Questions & Comments: jsiegal@bakerlaw.com, jacox@bakerlaw.com....more

BakerHostetler

NLRB Vastly Expands Joint Employer Definition

BakerHostetler on

On October 26, the National Labor Relations Board (NLRB or Board) announced a new Final Rule that changes the test for determining who is a joint employer. The rule drastically expands the scope of joint employment,...more

ArentFox Schiff

CMS Proposed Rule for Minimum Staffing Requirements in Long-Term Care Facilities

ArentFox Schiff on

On September 1, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule titled “Minimum Staffing Standards for Long-Term Care (LTC) Facilities and Medicaid Institutional Payment Transparency...more

DarrowEverett LLP

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

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So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

Conn Kavanaugh

How Will Proposed FTC Rule on Non-Compete Agreements Affect Your Business?

Conn Kavanaugh on

On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that, if enacted, would amount to a near-total ban on the use of non-compete agreements nationwide. If enacted as written, the FTC’s proposed...more

McDermott Will & Emery

[Webinar] 2023 Labor & Employment Strategic Focus - February 14th, 1:00 pm - 2:15 pm EST

McDermott Will & Emery on

The new year is off to a fast start, and companies are already looking ahead in anticipation of the legal developments and updates that may impact their businesses. Join McDermott’s Labor & Employment team for a presentation...more

Foley Hoag LLP

Employers Should Revisit Their Non-Compete Agreements for 2023

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In recent years, there has been a shift across the U.S. to restrict the use of non-compete agreements. In fact, on January 5, 2023, the Federal Trade Commission (“FTC”) proposed a new rule that would effectively ban the use...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

FTC’s Proposed Ban on Noncompetes: What’s Next for Employers?

Despite the unprecedented and sweeping proposal by the Federal Trade Commission (the “FTC”) to ban post-employment noncompetes, employers should continue to look to applicable state law regarding drafting and enforcing...more

Conn Kavanaugh

How Will Proposed FTC Rule on Non-Compete Agreements Affect Your Business?

Conn Kavanaugh on

On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that, if enacted, would amount to a near-total ban on the use of non-compete agreements nationwide. If enacted as written, the FTC’s proposed...more

Woods Rogers

FTC Proposes Rule Banning Non-Compete Clauses

Woods Rogers on

On January 5, 2023, the Federal Trade Commission (FTC) proposed a rule to ban non-compete clauses in employment agreements, which it asserts hurts workers and harms competition. The proposed rule would prevent employers from...more

DarrowEverett LLP

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

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Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

Troutman Pepper Locke

52,644: The Number Of Comments Submitted To Labor Department On Proposed Rule Governing Independent Contractor Classification

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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

Morgan Lewis

US Department of Labor Publishes Independent Contractor Proposed Rule

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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

Proskauer - Government Contractor Compliance...

U.S. Department of Agriculture Proposes Rule Requiring Contractors to Certify Labor Law Compliance

The U.S. Department of Agriculture (“USDA”) recently published a proposed rule that would require all federal contractors to certify compliance with 16 applicable labor laws. The certification requires an affirmative...more

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