On June 28, 2024, the U.S. District Court for the Eastern District of Texas issued a limited injunction of the U.S. Department of Labor’s new regulations increasing the minimum salary that certain executive, administrative,...more
The U.S. Department of Labor published a final rule on January 9, 2024, defining “independent contractor” under the Fair Labor Standards Act (FLSA). The final regulation rescinds a 2021 rule defining the same term. In place...more
1/9/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Wage and Hour
On August 8, 2023, the U.S. Department of Labor published its final rule, calling for the most sweeping revisions to the rules governing Davis-Bacon Act (DBA) enforcement since the Reagan administration’s 1982 reforms....more
On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor. FLSA...more
10/12/2022
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
On March 18, 2022, the U.S. Department of Labor (DOL) published a notice of proposed rulemaking in the Federal Register, calling for the most sweeping revisions to the rules governing Davis-Bacon Act (DBA) enforcement since...more
On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more
3/16/2022
/ Administrative Procedure Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Over-Time ,
Statutory Violations ,
Wage and Hour
Introduction Over a year and a half since the pandemic first started to take its toll on the health and welfare of individuals and the economy, the country is still reeling and struggling to recover. Some employers and...more
9/7/2021
/ Department of Labor (DOL) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Regulations ,
Labor Relations ,
NLRB ,
OSHA ,
Supply Chain ,
Telecommuting ,
Unions ,
Vaccinations
On July 29, 2021, the U.S. Department of Labor announced it was formally rescinding regulations issued by the prior administration defining “joint employer” status under the Fair Labor Standards Act (FLSA). ...more
On March 11, 2021, the U.S. Department of Labor (“DOL” or “the Department”) announced proposals to roll back two Trump administration regulations under the Fair Labor Standards Act (“FLSA” or “the Act”)....more
3/12/2021
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Misclassification ,
Wage and Hour
On January 13, 2020, the U.S. Department of Labor (DOL) released its long-awaited final rule regarding joint-employer status under the Fair Labor Standards Act (FLSA). The final rule is scheduled to be published in the...more
1/14/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Regulations ,
Rulemaking Process ,
Wage and Hour
On April 1, 2019, the U.S. Department of Labor released a Notice of Proposed Rulemaking (NPRM) on joint employment under the Fair Labor Standards Act—the third proposed rule published by the agency in the last two weeks....more
On March 7, 2019, the Wage and Hour Division of the U.S. Department of Labor, through its Acting Administrator Keith Sonderling, published the long-awaited Notice of Proposed Rulemaking (NPRM) to revise the “white collar”...more
3/11/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
On August 31, 2017, the U.S. District Court for the Eastern District of Texas granted summary judgment for a diverse coalition of 55 business groups, led by the U.S. Chamber of Commerce and joined by numerous state...more
On June 7, 2107, a plaintiff brought a putative class and collective action against Chipotle for alleged violations of the Fair Labor Standards Act and New Jersey’s Wage and Hour Law. The plaintiff asserts the company...more
6/15/2017
/ Apprenticeships ,
Chipotle Grill ,
Collective Actions ,
Department of Labor (DOL) ,
Dismissals ,
Employee Definition ,
Minimum Salary ,
Misclassification ,
Over-Time ,
Putative Class Actions ,
Wage and Hour ,
White-Collar Exemptions
On November 22, 2016, at the request of 22 states and 55 business groups that brought suit as plaintiffs, the United States District Court for the Eastern District of Texas issued a preliminary injunction blocking the U.S....more
Late in the day on Monday October 24, 2016, a U.S. District Court Judge for the Eastern District of Texas granted a preliminary injunction against implementation of major and contentious provisions of the Fair Pay and Safe...more
10/25/2016
/ Arbitration Agreements ,
Blacklist ,
Civil Rights Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Arbitration Act ,
Federal Contractors ,
Independent Contractors ,
Labor Law Violations ,
Pay Transparency ,
Penalties ,
Preliminary Injunctions ,
Reporting Requirements ,
Sexual Assault ,
Sexual Harassment ,
Title VII ,
Wage and Hour
On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more
9/1/2016
/ ADEA ,
Agricultural Workers ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Arbitration Awards ,
Blacklist ,
Competitive Bidding ,
Construction Industry ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Contractors ,
Labor Law Violations ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Migrant Workers ,
Minimum Wage ,
NLRA ,
OFCCP ,
OSHA ,
Pay Transparency ,
Popular ,
Recordkeeping Requirements ,
Rehabilitation Act ,
Reporting Requirements ,
Seasonal Workers ,
Service Contract Act ,
Subcontractors ,
Title VII ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
On August 24, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration (FAR Council) released the final rule implementing the “Fair Pay and Safe Workplaces” Executive...more
8/25/2016
/ Arbitration ,
Blacklist ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Labor Law Violations ,
Mandatory Arbitration Clauses ,
NASA ,
Reporting Requirements ,
Transparency ,
Wage and Hour
This month's edition of Littler's Workplace Policy Institute Insider Report includes articles on the Administration's push to finalize rules before the November elections, legislative and litigation steps to thwart those...more
4/6/2016
/ Criminal Background Checks ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Protection ,
Friedrichs v CA Teachers Association ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Hiring & Firing ,
Joint Employers ,
LMRDA ,
MAP-21 ,
Minimum Wage ,
NLRB ,
Non-Compete Agreements ,
Paid Family Leave Insurance Program ,
Persuader Rules ,
Pregnancy Discrimination ,
Sick Leave ,
Silica ,
Social Media Policy ,
Unions ,
Wage and Hour ,
Work Schedules
On March 24, 2016, the U.S. Department of Labor (DOL) issued a final rule, 81 Fed. Reg. 15924, that will require employers to file public reports with the DOL when they use consultants (including lawyers) to provide labor...more
On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld the United States Department of Labor’s (“DOL’s”) Home Care Rule and reversed the lower court’s decisions vacating the...more
8/25/2015
/ Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Elder Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
Healthcare ,
Home Health Care ,
Third-Party Agents ,
Unpaid Overtime
On May 28, 2015, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Notice of Proposed Rulemaking (NPRM) regarding the so-called "blacklisting" procedures ordered by...more
6/2/2015
/ Barack Obama ,
Blacklist ,
Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
New Guidance ,
NPRM ,
Proposed Regulation