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The following comments were submitted by Richard J. Reibstein, the publisher of this legal blog, critiquing the proposed regulation of the New Jersey Department of Labor and Industry (the Department) regarding the so-called...more
On July 9, 2021, President Biden signed an Executive Order requesting that agencies, including the Federal Trade Commission (FTC), issue rules banning employers from entering non-compete agreements with employees. Following...more
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
On October 11, 2022, the United States Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) seeking to undo the Trump administration’s 2021 independent contractor regulations and revert to the six-factor...more
On October 11, 2022, the U.S. Department of Labor (the DOL) announced a proposed rule to reestablish the pre-2021 analytic framework for assessing the classification of workers under the Fair Labor Standards Act...more
Today the U.S. Department of Labor (DOL) published a new proposed rule defining employee versus independent contractor status under the Fair Labor Standards Act (FLSA). The proposed regulation would move the "economic...more
This week, the U.S. Department of Labor announced a revised proposed regulation that provides guidance on whether workers are properly classified as independent contractors (who are not covered by the Fair Labor Standards...more
Joint employment continues to be a hot-button issue, especially as many companies look to contingent workforces to provide flexibility as businesses reopen in this uncertain economic landscape. Joint employment is found...more
On the day the U.S. Department of Labor issued a proposed regulation regarding the classification status of independent contractors, we reported here that the regulation, once finalized, would be “much ado about (almost)...more
On September 22, 2020, the U.S. Department of Labor (USDOL) issued proposed regulations regarding the determination of whether an individual is an employee under the Fair Labor Standards Act (FLSA) or an independent...more
On September 22, 2020, the U.S. Department of Labor (DOL) released a long-anticipated proposed rule addressing when a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more
In 2019, we published analysis to help tech and life sciences companies navigate U.S. tax law changes, an evolving IP landscape and new privacy regulations such as the California Consumer Privacy Act. We also tracked venture...more
The US Department of Labor (USDOL) yesterday released its much anticipated and significant Notice of Proposed Rulemaking (NPRM) intended to update and clarify the USDOL’s interpretation of joint employer status under the Fair...more
February 22 was the last day to introduce new legislative proposals for the 2019 California legislative year. A whopping 2,576 bill were introduced before the deadline, making for an extremely busy legislative year ahead....more
In just a few short weeks, New Jersey employers will be required to comply with the state’s new Paid Sick Leave Act. Once October 29 is upon us, New Jersey employers of all sizes will need to provide up to 40 hours of paid...more
On September 13, 2018, the New Jersey Department of Labor and Workforce Development (“NJ DOL”) issued proposed regulations to implement the state’s new paid sick and safe leave (“sick leave”) law—P.L. 2018, c. 10 (“Act”). The...more