On February 15, 2023, the U.S. Court of Appeals for the Ninth Circuit ruled in Chamber of Commerce v. Bonta that California’s Assembly Bill 51 (“AB 51”) is preempted by the Federal Arbitration Act. After two failed attempts...more
Since President Biden took office and subsequently appointed union attorney Jennifer Abruzzo to the General Counsel role, the National Labor Relations Board (the “Board” or “NLRB”) has issued pro-union decision after...more
On November 3, 2022, the National Labor Relations Board issued a proposed rule that would rescind a 2020 rule issued under the Trump Administration and make it more difficult for workers who are dissatisfied with their unions...more
On May 12, 2022, New York City Mayor Eric Adams signed into law amendments to the New York City Human Rights law that will require New York City employers to include salary ranges in job advertisements. The law becomes...more
Earlier today the United States Department of Labor (“DOL”) issued its much-anticipated proposed rule that would update the test for determining whether a worker is an employee or independent contractor under federal wage law...more
10/12/2022
/ Comment Period ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Proposed Rules ,
Public Comment ,
Wage and Hour
On August 19, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice in the Federal Register of a Freedom of Information Act (“FOIA”) request to federal contractors. Will Evans, of the Center...more
On June 28, Kilpatrick Townsend’s Marc Lieberstein, Franchise and Licensing Partner, and Chris Caiaccio, Labor and Employment Counsel, spoke to Kilpatrick’s Retail and Consumer Goods Industry Team clients, on the topic of...more
This year new laws, recent decisions and additional pending legislation are targeting and could severely impact the future of franchising. Our panel will discuss how these new laws, decisions and pending legislation will...more
Franchise and Licensing Partner Marc Lieberstein and Labor & Employment Counsel Chris Caiaccio spoke for Celesq, a leading provider of legal education, on the topic of whether franchising was doomed in light of the new laws...more
On February 10, 2022, the Senate passed H.R. 4445, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” The bill now awaits President Biden’s signature and the President is expected to sign the...more
Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.
On December 17, the Sixth Circuit Court of Appeals voted 2-1 in a 3-judge panel to...more
Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.
On November 4, 2021, the U.S. Department of Labor issued emergency temporary...more
Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.
In early September, President Biden issued a series of Executive Orders (“EO”)...more
On September 14, Kilpatrick Townsend’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...more
Government contractors are no stranger to various regulatory requirements and two recent Executive Orders will require most contractors to comply with mandatory COVID-19 vaccination requirements. Last week, President Joe...more
On January 7, 2021, when Trump was still in office, the Department of Labor (“DOL”) published a new, employer-friendly rule for determining independent contractor status under the Fair Labor Standards Act (“FLSA”). The...more
On January 7, 2021, the Department of Labor (“DOL”) published a new rule for determining independent contractor status under the Fair Labor Standards Act (“FLSA”). The “Independent Contractor Rule” had an initial effective...more
Please note: The below information may require updating, including additional clarification, as the COVID-19 pandemic continues to develop.
As we have written about extensively, the Families First Coronavirus Response Act...more
After months of negotiations, on December 22, 2020, Congress overwhelmingly passed a bi-partisan COVID-19 relief package – the Consolidated Appropriations Act, 2021 (“CAA 2021”) – that includes approximately 900 billion...more
On Friday, September 11, 2020, the Department of Labor (“DOL”) issued a revised rule related to the Families First Coronavirus Response Act (“FFCRA”), which was published and became effective today, September 16, 2020. The...more
On Tuesday, September 8, 2020, Judge Gregory Woods, a federal judge sitting in the Southern District of New York (“SDNY”), struck down, in a 62-page opinion, key provisions of the recently released Department of Labor (“DOL”)...more
On Monday, August 3, U.S. District Judge Paul Oetken, sitting in the Southern District of New York, issued an Order that struck down parts of the Department of Labor (DOL) issued guidance interpreting the leave entitlements...more
In the wake of COVID-19, employers still find themselves navigating uncharted waters regarding employee leave requests and employer leave responsibilities under various state and federal requirements. Specifically, employee...more
In a Field Assistance Bulletin released on Wednesday, June 24, 2020, the U.S. Department of Labor Wage and Hour Division announced that it would no longer pursue pre-litigation liquidated damages in enforcement actions...more
In a landmark decision authored by Justice Neil Gorsuch and released today, June 15, 2020, the Supreme Court of the United States held that “an employer who fires an individual merely for being gay or transgender violates...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender