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Trump Revokes $15 Contractor Minimum Wage and Infrastructure Project Orders

On Friday, March 14, 2025, President Donald Trump announced an Executive Order (“the Order”) titled “Additional Rescissions of Harmful Executive Orders and Actions.” Notably, the Order rescinded several Biden-era executive...more

Reshaping Federal Labor Policy: Acting NLRB General Counsel Rescinds Numerous Biden-Era Guidance Memos

On February 14, 2025, National Labor Relations Board (“NLRB” or “Board”) Acting General Counsel William Cowen issued the first General Counsel memorandum (“GC Memo”) of the second Trump administration, GC 25-05....more

Collaboration with Unions No Longer Required for Large-Scale Federal Construction Projects

On January 20, 2024, the U.S. Court of Federal Claims struck down a 2022 Executive Order which required construction contractors to collaborate with unions in order to be considered for large-scale federal construction...more

NLRB General Counsel Continues Targeting Non-Competes And Other Standard Employment Fare

Since being confirmed by the Senate in July 2021, National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer Abruzzo has issued 26 memoranda. Many of the GC Memos issued during GC Abruzzo’s tenure present...more

Illinois Passes Law Limiting 'Captive Audience' Meetings

On July 31, 2024, Illinois Governor J.B. Pritzker signed Senate Bill 3649, the “Worker Freedom of Speech Act,” (the “Act”) which prohibits employers from using “captive audience” meetings with employees to discuss an...more

Legal Alert | Reign It In: Federal Court Enjoins DOL's Expansion of Davis-Bacon Coverage [Video]

This past year, the Department of Labor (“DOL”) implemented significant amendments to the Davis-Bacon Act (“DBA”) regulations in a final rule that became effective in October 2023. The amendments significantly expanded the...more

3 Key Takeaways | Is Franchising Doomed? The 2024 Version [Video]

On June 12, Kilpatrick’s Marc Lieberstein, Franchise and Licensing Partner, and Chris Caiaccio, Labor and Employment Counsel, spoke for Celesq, a leading provider of legal education, on the topic of whether franchising was...more

Reign It In: Federal Court Enjoins DOL's Expansion of Davis-Bacon Coverage

This past year, the Department of Labor (“DOL”) implemented significant amendments to the Davis-Bacon Act (“DBA”) regulations in a final rule that became effective in October 2023. The amendments significantly expanded the...more

3 Key Takeaways | Is Franchising Doomed (2024 Version)?

On June 12, Kilpatrick’s Marc Lieberstein, Franchise and Licensing Partner, and Chris Caiaccio, Labor and Employment Counsel, spoke for Celesq, a leading provider of legal education, on the topic of whether franchising was...more

Government Contractors Beware: No Easy Relief if Local Minimum Wages Exceed DOL Wage Determinations

Last week, in a case of first impression, the Civilian Board of Contract Appeals (“CBCA”) denied a federal contractor’s request for a contract adjustment to account for a change to the local county’s minimum wage rate, which...more

Department of Labor Issues Final Rule Expanding Overtime Eligibility by Increasing Salary Thresholds

We previously reported on the Department of Labor’s (“DOL”) Notice of Proposed Rulemaking (“NPRM”) regarding overtime eligibility. The DOL estimated that the NPRM, as drafted, would make approximately 3.6 million U.S. workers...more

White House Proposes Two Rules Targeting Pay Equity and Transparency

Spring is in the air and along with the change in season, there are changes on the horizon for how government contractors will have to target pay equity and transparency. The White House announced two new proposed rules on...more

OSHA Finalizes Rule Allowing Unions to Participate in OSHA Inspections

On Monday, April 1, 2024, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued its final “walkaround” rule. The final rule broadens worker and union rights to designate an employee or...more

A Comprehensive Update on Recent Federal and State Efforts to Limit the Use of Employee Non-Compete Agreements

Federal and state efforts to limit or outright prohibit the use of employee non-compete agreements have gained considerable momentum in the past year. As Kilpatrick’s labor and employment team has written about previously,...more

Federal Construction Projects Will Soon Require Project Labor Agreements Under New Rule

On December 18, 2023, the General Services Administration (“GSA”) announced a new final rule enforcing Executive Order 14063.  The order requires federal agencies to use project labor agreements (“PLA”), which are pre-hire...more

DOL Increases Focus on Employment Discrimination and Levies Financial Penalties for Federal Government Contractors

In recent months, the U.S. Department of Labor (“DOL”) has increased its focus on and enforcement of anti-discrimination laws among federal government contractors, announcing large penalties against federal government...more

7 Key Takeaways - Retail Workplace Update: Labor and Employment Updates for Retailers

Kilpatrick Townsend attorneys Chris Caiaccio and Drew Williamson recently presented at the “Kilpatrick Townsend Retail and Consumer Goods Summit,” featuring members of the firm’s Retail and Consumer Goods Industry Team who...more

Key Takeaways - Understanding and Complying with the DOL's Recent Updates to the Davis-Bacon Act

Kilpatrick Townsend attorneys Gunjan Talati, Chris Caiaccio, and Drew Williamson, in collaboration with Federal Publication Seminars, presented the webinar titled “Understanding and Complying with the Department of Labor’s...more

Recognition Without an Election: NLRB Tweaks and Resurrects Joy Silk

The National Labor Relations Board (“NLRB” or “Board”) continued its aggressive efforts to curtail longstanding management rights under federal labor law, this time by reviving key features of a long-dormant legal doctrine...more

NLRB Finalizes Rule Restoring Expedited Election Rules

Today the National Labor Relations Board (“Board” or “NLRB”) issued a Final Rule amending its procedures governing representation election. The new rule restores the 2014 “quickie” or “ambush” election rules, which will...more

The Fifth Circuit Broadens its Definition of “Adverse Employment Action” Under Title VII

Last week, the full U.S. Court of Appeals for the Fifth Circuit rejected nearly thirty years of unique precedent that limited the scope of disparate-treatment liability under Title VII of the Civil Rights Act of 1964 to...more

New DOL Rule Updates Manner in Which Prevailing Wages are Calculated for Federally Funded Construction Projects

The United States Department of Labor (“DOL”) finalized a rule today changing how prevailing wage rates are calculated on federal contracts subject to the Davis-Bacon Act and related regulations....more

DOL Announces New Discrimination Rule for Federal Contractors

On August 3, 2023, the Department of Labor (“DOL”) announced a new final rule, “Pre-enforcement Notice and Conciliation Procedures” to modify the procedures used by the Office of Federal Contract Compliance Programs (“OFCCP”)...more

NLRB Reverses Standard for Evaluating Workplace Rules

The National Labor Relations Board (the “Board” or “NLRB”) has (again) changed federal labor law in favor of employees. The latest reversal concerns the Board’s standard for evaluating the legality of neutral workplace rules...more

California High Court Rules on Non-Individual PAGA Standing

On July 17, 2023, the California Supreme Court issued its long-anticipated decision in Adolph v. Uber Technologies, Inc. and held that an employee who has been compelled to arbitrate “individual” claims under the California...more

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