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Utilizing Artificial Intelligence in Employment-Related Matters: Recent Developments and Best Practices

Recently, the intersection of artificial intelligence (AI) and employment law has become a focal point for legislators, regulators, and employers alike. As AI technologies continue to reshape hiring practices and workplace...more

The End of Chevron: Implications for Employers

On June 28, 2024, in a landmark decision, the United States Supreme Court invalidated the long-standing standard known as the Chevron doctrine in the case of Loper Bright Enterprises v. Raimondo, marking a significant shift...more

It’s Déjà Vu All Over Again: US Department of Labor Announces Intent To Revise Overtime Rule

The Federal Fair Labor Standards Act (“FLSA”) codifies the employment relationship as it relates to the payment of wages. Under the FLSA, employees generally must be paid an overtime rate of 1.5 times their regular rate of...more

Department of Labor Tightens the Screws on Contractor Classification

As widely anticipated, on October 11, the Wage and Hour Division of the United States Department of Labor (DOL) issued a proposed rule revising its analysis of what constitutes an employee under the Fair Labor Standards Act...more

National Labor Relations Board Proposes Expansive New Rule For Joint Employment Status

It has been the source of speculation for some time that the standard for determining whether entities that have a business relationship are deemed for labor enforcement purposes to be joint employers will soon be revised. On...more

National Labor Relations Board Reconsiders Test for Employment Status

It has been the source of speculation for some time that the standard for determining whether a worker is correctly classified as an employee or an independent contractor will soon be revised. On December 27, 2021, the...more

Federal Employment Agencies Announce Joint Anti-Retaliation Initiative

As further evidence that the Biden administration is laser-focused on protecting employee rights, the United States Equal Employment Opportunity Commission (EEOC), the United States Department of Labor (DOL), and the National...more

North Carolina Employers Take Note: Requirements For Wage Payment Have Been Updated

The North Carolina Wage and Hour Act (NCWHA) governs the payment of wages to workers employed in North Carolina and is enforced by the North Carolina Department of Labor. Effective July 8, 2021, various provisions of the...more

NC Labor Dept. Revamps Work Permits for Youth Just in Time for Summer

With the advent of summer, many employers hire high school youth as seasonal employees. Effective May 3, 2021, the North Carolina Wage and Hour Bureau, a division of the North Carolina Department of Labor (DOL) has updated...more

Department of Labor Proposes Withdrawal of Rules Clarifying Parameters of Employment Relationship

With a new Presidential administration comes a new Secretary of the United States Department of Labor (DOL), Boston mayor Marty Walsh. Walsh was a former union president and state representative before becoming mayor. The new...more

Department of Labor Proposes Rule Clarifying Parameters of Contractor Relationship

Folks who follow the United States Department of Labor received notification on Monday, September 21, that a significant new rule would soon be announced on Tuesday morning. Secretary Eugene Scalia penned a press release sent...more

Department of Labor Issues Guidance On Recordkeeping For Remote Workers

The federal Fair Labor Standards Act (“FLSA”) codifies the employment relationship as it relates to the payment of wages. The United States Department of Labor (“DOL”) administers the FLSA through its Wage and Hour Division....more

Department of Labor Clarifies Scope of FLSA’s Administrative Exemption

The federal Fair Labor Standards Act (“FLSA”) codifies the employment relationship as it relates to the payment of wages. The amount of overtime compensation for salaried employees is subject to certain exemptions, one of...more

Employers, Beware! United States Senate Introduces Bill to Limit Enforceability of Covenants Not to Compete

Effectively drafted restrictive covenants are valuable tools employers can utilize to protect their proprietary interests. Covenants not to compete and covenants not to solicit an employer’s clients or employees are the most...more

Recent Developments in the United States Department of Labor

On Tuesday, August 27, 2019, President Trump formally nominated Eugene Scalia to serve as Secretary of the United States Department of Labor. The Department of Labor is responsible for enforcing federal laws governing the...more

Department of Labor Seeks Input In Establishing Prevailing Wage Rates For Federal Construction Projects

For federal contractors in North Carolina…now is your opportunity to provide input relating to the establishment of prevailing wage rates under the Davis-Bacon Act (DBA). The DBA governs contractors and subcontractors who...more

Department of Labor Seeks Input Regarding Possible Changes to Overtime Rules

In June of 2015, in response to former President Obama’s mandate that it take steps to ensure that employees are compensated fairly, the United States Department of Labor released proposed changes to the overtime regulations...more

Draining the Swamp: What Trump’s Proposed Merger of Labor and Education Departments Means For Employers

Last year, the federal Office of Management and Budget announced a plan “to make government lean, accountable, and more efficient.” Cited as the next step in a series of reform initiatives which serve to implement that plan,...more

Halloween Ushers In Potential Resurrection Of Proposed Overtime Rule

You thought it was dead – but the United States Department of Labor (DOL) announced on October 30 that it plans to appeal a Texas district court’s August ruling which invalidated the Obama administration’s overtime rule. The...more

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