Democrats Begin Process of Enacting Administration’s Domestic Goals.
It took some good old-fashioned politicking, but earlier this week the U.S. House of Representatives approved a $3.5 trillion budget resolution that...more
8/30/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
Department of Labor (DOL) ,
Federal Budget ,
Human Capital ,
Infrastructure ,
Legislative Agendas ,
NLRB ,
Proposed Regulation ,
Public Charge ,
Securities and Exchange Commission (SEC) ,
USCIS ,
Wage and Hour
Senate Committee Examines PRO Act. On July 22, 2021, the U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing entitled “The Right to Organize: Empowering American Workers in a 21st Century...more
7/26/2021
/ Administrative Procedure Act ,
Biden Administration ,
Comment Period ,
Congressional Committees ,
Consumer Price Index ,
Coronavirus/COVID-19 ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Federal Contractors ,
Kamala Harris ,
Minimum Wage ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Proposed Legislation ,
Proposed Regulation ,
Senate Confirmation Hearings ,
Tipped Employees ,
Union Elections ,
Unions ,
Wage and Hour
Last Week Today -
Here is a quick rundown of some of the labor and employment policy developments we missed last week while at Workplace Strategies in Austin, Texas (be sure to join us next year for the program at the...more
7/2/2021
/ Biden Administration ,
Conciliation ,
Congressional Review Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Infrastructure ,
Joint Employers ,
NLRB ,
OSHA ,
Temporary Regulations ,
Time Extensions ,
Tipped Employees ,
Union Elections ,
Unions ,
USCIS ,
Wage and Hour
Our previous articles in this spotlight series on the U.S. Equal Employment Opportunity Commission (EEOC) highlighted the agency’s enforcement and litigation metrics and political composition of the Commission - matters that...more
6/30/2021
/ Biden Administration ,
Conciliation ,
Congressional Review Act ,
Coronavirus/COVID-19 ,
EEO-1 ,
Enforcement Authority ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
LGBTQ ,
Pay Data ,
Regulatory Agenda ,
Title VII ,
Vaccinations ,
Wage and Hour ,
Wellness Programs ,
Workplace Safety
Juneteenth Is Now a Federal Holiday. This week, President Joe Biden signed into law the Juneteenth National Independence Day Act, making June 19 - the holiday commemorating the emancipation of enslaved African Americans in...more
6/21/2021
/ Biden Administration ,
Bostock v Clayton County Georgia ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Diversity ,
EBSA ,
Equal Employment Opportunity Commission (EEOC) ,
Heritage & Culture ,
Holidays ,
New Legislation ,
OFCCP ,
OSHA ,
Presidential Nominations ,
Regulatory Agenda ,
USCIS ,
Wage and Hour
In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...more
5/21/2021
/ Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Graduate Students ,
H-1B ,
H-4 Spouses ,
Independent Contractors ,
Joint Employers ,
Legislative Agendas ,
NLRB ,
OFCCP ,
OIRA ,
OSHA ,
Popular ,
Presidential Nominations ,
Prevailing Wages ,
Public Charge ,
Religious Exemption ,
Revocation ,
Student Employees ,
Tipped Employees ,
Trump Administration ,
Unions ,
USCIS ,
Wage and Hour
DOL Rescinds Independent Contractor Rule. On May 6, 2021, the U.S. Department of Labor (DOL) issued a regulation rescinding its independent contractor rule, which was finalized on January 7, 2021, but never went into effect....more
5/10/2021
/ Biometric Information ,
Department of Labor (DOL) ,
Employee Definition ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
NLRB ,
NLRB General Counsel ,
Political Campaigns ,
Retirement Plan ,
Unions ,
USCIS ,
Wage and Hour
Secretary of Labor Confirmed. On March 23, 2021, former Boston mayor Martin Walsh was sworn in as the 29th U.S. Senate-confirmed secretary of labor. Walsh’s nomination had been approved by the Senate just one day earlier on a...more
3/29/2021
/ Anti-Discrimination Policies ,
Biden Administration ,
Conciliation ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
OFCCP ,
Paycheck Protection Program (PPP) ,
Pending Legislation ,
Religious Exemption ,
SBA ,
Secretary of Labor ,
Senate Confirmation Hearings ,
Tipped Employees ,
Wage and Hour ,
Workplace Safety
Minimum Wage Increase Booted From Stimulus Package. Even before members of the U.S. House of Representatives could vote on their $1.9 trillion stimulus package, the parliamentarian of the U.S. Senate had ruled that the...more
3/1/2021
/ Biden Administration ,
Budget Reconciliation ,
CARES Act ,
Department of Labor (DOL) ,
Equality Act ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
Legislative Agendas ,
LGBTQ ,
Minimum Wage ,
Pending Legislation ,
Proposed Legislation ,
Rescission ,
Unemployment Benefits ,
Unions ,
Visas ,
Wage and Hour
Congress Sees Its Shadow. It was Groundhog Day this past week, and it sure feels like we have been living the same day over and over again with the way that the parties in Congress can’t agree on an economic stimulus package....more
2/8/2021
/ Biden Administration ,
Budget Reconciliation ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
H-1B ,
New Guidance ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Presidential Nominations ,
Secretary of DHS ,
Senate Confirmation Hearings ,
Unions ,
Wage and Hour
Status Check on Congress. We are more than one week into the Biden administration and the president has made progress filling out his cabinet. Antony Blinken (U.S. secretary of state), Janet Yellen (U.S. secretary of the...more
2/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
H-4 Spouses ,
Minimum Wage ,
NLRB ,
OIRA ,
Opinion Letter ,
Proposed Legislation ,
Rescission ,
Revocation ,
Unemployment Benefits ,
Wage and Hour ,
Workplace Safety
Haven’t We Seen This Movie Before? Following the Thanksgiving break, federal legislators have been back in Washington, D.C., this week as the 116th United States Congress - which will likely end on January 3, 2021 - sprints...more
Election 2020: Patience Required. Voting in the 2020 elections wraps up in just four days, on November 3, 2020. However, due to many tight races and the unprecedented volume of mail-in ballots (and states’ differing rules on...more
10/30/2020
/ Amicus Briefs ,
Comment Period ,
Congressional Review Act ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
General Elections ,
H-1B ,
Independent Contractors ,
NLRA ,
NPRM ,
OSHA ,
Press Releases ,
Unions ,
USCIS ,
Visas ,
Wage and Hour
A September to Remember? Congress will return next week after its August recess to begin a legislative sprint to the November elections. There will be only 15 scheduled legislative days when both the U.S. Senate and U.S....more
DOL Issues Back-to-School Leave Guidance. On August 27, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) updated its frequently asked questions regarding paid leave under the Families First Coronavirus...more
8/31/2020
/ Child Care ,
Coronavirus/COVID-19 ,
DACA ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Final Rules ,
Public Schools ,
Remote Working ,
Students ,
USCIS ,
Wage and Hour
On August 8, 2020, President Donald Trump issued a memorandum, which establishes a “lost wages assistance program” to help workers affected by the COVID-19 pandemic by dipping into the U.S. Department of Homeland Security’s...more
Go PRO. As the Buzz has been predicting for quite a while, on February 6, 2020, the U.S. House of Representatives passed the Protecting the Right to Organize Act of 2019 (PRO Act). Last May, we covered the drastic changes the...more
2/10/2020
/ Civil Rights Act ,
Congressional Committees ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
H-1B ,
Joint Employers ,
OFCCP ,
Pending Legislation ,
Presidential Nominations ,
Registration Requirement ,
Right of First Refusal ,
Union Organizers ,
Unions ,
USCIS ,
Wage and Hour
On January 12, 2020, the Department of Labor’s Wage and Hour Division released the final changes to its joint-employer regulation under the Fair Labor Standards Act (FLSA). Originally proposed in April 2019, the updated...more
2020 Preview. -=
Federal lawmakers returned to Washington, D.C., this week to kick off the second session of the 116th Congress. With national political elections 10 months away, the policy debates will be amplified, and...more
1/13/2020
/ Audits ,
Comment Period ,
Congressional Committees ,
DACA ,
Department of Labor (DOL) ,
Electronic Filing ,
Federal Contractors ,
H-1B ,
Joint Employers ,
Labor Regulations ,
Legislative Agendas ,
LGBTQ ,
NLRB ,
OFCCP ,
OIRA ,
Pending Legislation ,
Registration Requirement ,
Union Representatives ,
United States-Mexico-Canada Agreement (USMCA) ,
Wage and Hour
With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more
1/3/2020
/ ADEA ,
Baby Boomers ,
Canada ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Federal Labor Laws ,
FEHA ,
Fluctuating Workweek ,
Food Service Workers ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Joint Employers ,
Labor Regulations ,
Leave of Absence ,
Legislative Agendas ,
Mobile Apps ,
Non-Compete Agreements ,
Paid Family Leave Law ,
Pending Legislation ,
Piece-Rate Pay ,
Public Health ,
Reasonable Accommodation ,
Restaurant Industry ,
Restrictive Covenants ,
Right of First Refusal ,
State and Local Government ,
State Labor Laws ,
Tax Liability ,
Tax Planning ,
Tip Credit ,
Tipped Employees ,
Tips ,
USCIS ,
Vaccinations ,
Wage and Hour ,
Wellness Programs ,
Work Schedules ,
Workplace Violence
USMCA on the Way? Lawmakers on both sides of the political aisle claimed victory this week over what appears to be a breakthrough in negotiations over the United States–Mexico–Canada Agreement (USMCA) trade agreement. Of...more
12/13/2019
/ Criminal Background Checks ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
H-1B ,
NDAA ,
Over-Time ,
Parental Leave ,
Perks ,
Presidential Nominations ,
Tip Credit ,
United States-Mexico-Canada Agreement (USMCA) ,
USCIS ,
Wage and Hour
Congress Sprints to the Finish. Congress returned this week from its Thanksgiving break and is racing to the end of the first session of the 116th Congress. Lawmakers are technically only supposed to remain in town through...more
12/9/2019
/ Comment Period ,
Congressional Nominations ,
Criminal Prosecution ,
Department of Labor (DOL) ,
Exclusionary Clauses ,
Fourth Amendment ,
Joint Employers ,
NDAA ,
NLRB ,
OIRA ,
OSHRC ,
Search & Seizure ,
Senate Confirmation Hearings ,
United States-Mexico-Canada Agreement (USMCA) ,
Wage and Hour ,
Warrantless Searches ,
Workplace Safety
Fluctuating Workweek Reg Drops. On November 5, 2019, the U.S. Department of Labor’s Wage and Hour Division issued a notice of proposed rulemaking for computing overtime compensation for salaried nonexempt employees whose...more
11/11/2019
/ Comment Period ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Fluctuating Workweek ,
Health Care Providers ,
NLRA ,
NLRB ,
OFCCP ,
Proposed Rules ,
Public Hearing ,
Rulemaking Process ,
Students ,
TRICARE ,
Union Elections ,
Wage and Hour
We Juan It! The Washington Nationals are World Series champions, and it is Soto-rific. This is the first World Series championship victory for Washington, D.C., since 1924, when Firpo Marberry and the Washington Senators beat...more
11/4/2019
/ Baseball ,
Capper-Volstead Act ,
Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Eighteenth Amendment ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
OIRA ,
Pay Data ,
Processing Fees ,
Protected Concerted Activity ,
Regulatory Agenda ,
Rescission ,
Unions ,
USCIS ,
Wage and Hour ,
World Series
The autumn leaves are turning, football season is gathering momentum, Congress is reconvening, and at Ogletree Deakins, we are celebrating the first anniversary of Compass and reflecting on all that has changed in the last...more
10/14/2019
/ Artificial Intelligence ,
Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Employee Benefits ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
H-1B ,
Hairstyle Discrimination ,
Independent Contractors ,
Labor Regulations ,
New Legislation ,
NLRB ,
OFCCP ,
Over-Time ,
Pay Gap ,
Retirement Plan ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Union Elections ,
Wage and Hour ,
White-Collar Exemptions