On Tuesday, December 10, 2024, the National Labor Relations Board (“NLRB”) made it more difficult for employers to make changes to their employees’ working conditions without approval from their union. ...more
Over the past several years, the National Labor Relations Board (the “Board”) under the Biden administration has taken several measures to make union election procedures more union-friendly....more
On January 9, 2024, the U.S. Department of Labor released details of its final rule regarding the proper circumstances for independent contractor classification under the Fair Labor Standards Act (“FLSA”). On January 10,...more
1/12/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
The Fifth Circuit in Louisiana v. Biden upheld a Louisiana federal district court in blocking President Biden’s vaccine mandate on December 19, 2022, in a 2-1 decision, prohibiting the Biden administration from enforcing the...more
The Trump-era National Labor Relations Board (the “Board”) “made multiple overlapping errors” in determining that Browning-Ferris Industries of California, Inc. (“BFI”) does not have a duty to bargain with the...more
8/4/2022
/ Biden Administration ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Joint Employers ,
NLRB ,
Obama Administration ,
Regulatory Standards ,
Right to Control ,
Teamsters ,
Trump Administration ,
Unions
The independent contractor test developed by the Republican-majority National Labor Relations Board under President Trump actually resulted in a higher rate of workers being classified as employees protected by federal labor...more
On February 4, 2022, President Joe Biden signed an Executive Order (“EO”) requiring project labor agreements (each a “PLA”) with unions on all federal construction projects valued at $35 million or more (defined in the EO as...more
Key Takeaways of the Court’s Rulings: OSHA cannot enforce its vax-or-test ETS covering all employers with 100 or more employees, and employers have no obligations under it. However, the CMS mandate affecting certain health...more
1/14/2022
/ Administrative Authority ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Democrat-majority National Labor Relations Board readied for 2022 by announcing plans to confront two President Trump-era legal tests - one that determines whether an independent contractor is actually an employee...more
1/10/2022
/ Biden Administration ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employee Definition ,
Franchisee ,
Franchises ,
Franchisors ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
NLRA ,
NLRB ,
Obama Administration ,
Staffing Agencies ,
Union Elections ,
Unions
As November came to an end, federal courts across the country continue to examine and issue preliminary rulings on challenges to various COVID vaccine mandates put in place by the Biden Administration. At the beginning of...more
12/1/2021
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Procurement Systems ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Notice and Comment ,
OSHA ,
Preliminary Injunctions ,
Rulemaking Process ,
Subcontractors ,
Temporary Regulations ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden signed executive orders that will require that all federal executive branch workers to be vaccinated for COVID-19 (the “Federal Employee Order”) and that this standard be extended to...more
On April 27, 2021 President Biden signed an Executive Order raising the minimum wage for federal contractors to $15 per hour by the end of March 2022. In response, and to supplement the Executive Order, the U.S. Department of...more
Citing concerns about worker mobility and advocating for increased market competition, President Biden signed Executive Order No. 14036: Promoting Competition in the American Economy, on July 9, 2021. The Order, published in...more
7/15/2021
/ Anti-Competitive ,
Biden Administration ,
Consideration ,
Employer Liability Issues ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Low-Wage Workers ,
Non-Compete Agreements ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Labor Practices
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
5/10/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Wage and Hour
On Tuesday, April 27, President Biden signed Executive Order 14025, raising the minimum wage for federal contractors to $15 per hour by the end of March 2022. This marks a sharp 37% increase from the current $10.95 minimum...more
President Joe Biden has nominated Jennifer Abruzzo, a lawyer for the Communication Workers of America union, to be general counsel of the National Labor Relations Board (the “Board”) after forcing out Peter Robb as the head...more