On December 28, 2018, a divided Court of Appeals for the District of Columbia Circuit upheld portions of an Obama-era standard for determining “joint employer” status under the National Labor Relations Act (NLRA), ultimately...more
1/2/2019
/ Appeals ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Wage and Hour
While some races remain undecided, it is clear at this point that Democrats will control the U.S. House of Representatives in the next Congress. ...more
11/7/2018
/ Class Action Arbitration Waivers ,
Corporate Counsel ,
Employee Rights ,
Joint Employers ,
Labor Regulations ,
Legislative Agendas ,
Minimum Wage ,
Over-Time ,
Paid Time Off (PTO) ,
Regulatory Oversight ,
Sexual Harassment ,
Sick Leave ,
U.S. House ,
Unions ,
Wages ,
White-Collar Exemptions
Employers will face fewer significant regulations in the coming year, according to the Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda")....more
10/18/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Labor (DOL) ,
Deregulation ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
GINA ,
H-1B ,
Joint Employers ,
NLRB ,
OSHA ,
Regulatory Agenda ,
TRICARE ,
USCIS ,
Wage and Hour ,
Workplace Injury
The National Labor Relations Board (the NLRB or Board) has issued a proposed rule revising the test for whether two employers are considered “joint employers” under the National Labor Relations Act (NLRA). ...more
9/14/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Public Comment ,
Regulatory Reform ,
Right to Control ,
Staffing Agencies ,
Unions ,
Wage and Hour
Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of...more
9/4/2018
/ ADEA ,
Affordable Care Act ,
Age Discrimination ,
Association Health Plans ,
Ban the Box ,
Compensation & Benefits ,
Criminal Background Checks ,
DACA ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Foreign Workers ,
Gig Economy ,
H-1B ,
Health Insurance ,
Immigrants ,
Independent Contractors ,
Joint Employers ,
NLRB ,
NLRB General Counsel ,
Pay Equity Laws ,
Persuader Rules ,
Sexual Harassment ,
Sharing Economy ,
Unemployment ,
Wage and Hour
As Independence Day approaches, only three states are in active session: California, Massachusetts, and New Jersey. Roughly a dozen other states are in recess for several months, while the rest have officially adjourned for...more
7/3/2018
/ #MeToo ,
Consumer Privacy Rights ,
Equal Pay ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
Legislative Agendas ,
Marijuana ,
New Legislation ,
Paid Family Leave Law ,
Proposed Legislation ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
The latest Unified Agenda of Regulatory and Deregulatory Actions ("spring agenda") continues this administration's trend of adding fewer new rules and reexamining older ones. ...more
5/11/2018
/ Apprenticeships ,
Association Health Plans ,
Department of Labor (DOL) ,
Deregulation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
H-1B ,
Joint Employers ,
NLRB ,
Persuader Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Tip-Pooling ,
Trump Administration ,
Wage and Hour ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety
The National Labor Relations Board's new General Counsel, Peter Robb, has wasted no time in taking steps to chart a new direction for the Board. Two weeks after being sworn in as General Counsel, Robb has issued Memorandum...more
12/5/2017
/ Administrative Appointments ,
Corporate Counsel ,
Employee Handbooks ,
Joint Employers ,
NLRB ,
NLRB General Counsel ,
Policy Memorandums ,
Purple Communications ,
Regulatory Standards ,
Unfair Labor Practices ,
Unions
Nine months into President Trump’s term, the pace of nominations and appointments to fill critical position within his administration is accelerating. Action on the nominations to the National Labor Relations Board (NLRB),...more
10/24/2017
/ Administrative Appointments ,
Administrative Interpretation ,
Affordable Care Act ,
Association Health Plans ,
Cost-Sharing ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Health Insurance ,
Healthcare Reform ,
HRA ,
Joint Employers ,
Legislative Agendas ,
NLRB ,
Nominations ,
Proposed Legislation ,
Sharing Economy ,
Subsidies ,
Trump Administration ,
Wage and Hour
The baseball pennant races are about to kick off, but not all the action is on the field. Roughly a dozen state legislatures were in session during September, and they considered more than 50 labor and employment bills....more
10/3/2017
/ Criminal Background Checks ,
Discrimination ,
Employee Privacy Rights ,
Employee Rights ,
Harassment ,
Hiring & Firing ,
Joint Employers ,
New Legislation ,
Paid Time Off (PTO) ,
Pay Equity Laws ,
Pending Legislation ,
Right to Work ,
Salary/Wage History ,
Sexual Orientation Discrimination ,
Union Organizers ,
Unions ,
Wage and Hour ,
Wage Theft ,
Work Schedules
Last month began with significant momentum but long odds that Senate Republicans would pass legislation repealing and replacing the Affordable Care Act (ACA). In the early hours of July 28, GOP efforts came to a screeching...more
8/11/2017
/ Administrative Appointments ,
Affordable Care Act ,
Best Interest Contract Exemptions ,
Confirmation Proceedings ,
Department of Labor (DOL) ,
Deregulation ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Fiduciary Duty ,
Fiduciary Rule ,
Financial Services Industry ,
Health Insurance ,
Healthcare Reform ,
Investment Management ,
Joint Employers ,
Legislative Agendas ,
NLRB ,
Popular ,
Proposed Legislation ,
Regulatory Oversight ,
Repeal ,
Trump Administration
On August 4, 2017, the U.S. Court of Appeals for the District of Columbia Circuit refused to enforce a holding by the National Labor Relations Board (Board) that the Cable News Network (CNN) was a joint employer. In the...more
Despite recent publicity surrounding bills pending in the U.S. Congress, state legislatures have not lost their focus. More than 30 states have concluded their legislative sessions, and another half-dozen are in recess. But...more
8/2/2017
/ Anti-Discrimination Policies ,
Ban the Box ,
Criminal Background Checks ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Joint Employers ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
Paid Family Leave Law ,
Pay Equity Laws ,
Preemption ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Salary/Wage History ,
Wage and Hour
On July 27, 2017, House Republicans unveiled a bill, entitled the Save Local Business Act, that would amend two labor and employment statutes to clarify when an entity can be deemed a “joint employer.” At a press conference...more
On July 12, 2017, the U.S. House Committee on Education and the Workforce held a hearing concerning the need for legislation to redefine the joint employer standard. As many employers are aware, the interpretation of when...more
7/14/2017
/ Browning-Ferris Industries of California Inc. ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Joint Employers ,
NLRA ,
NLRB ,
Small Business
In a three-sentence press release, Labor Secretary Alexander Acosta announced the withdrawal of two Wage and Hour Administrator's Interpretations (AIs) on joint employment and independent contractors. While the AIs were not...more
At this point in the year, many state lawmakers are wrapping up their efforts before summer, when many legislatures are in recess. Legislatures in roughly half the states have already concluded their sessions. Approximately...more
6/2/2017
/ Discrimination ,
Joint Employers ,
Minimum Wage ,
Paid Family Leave Law ,
Pay Equity Laws ,
Preemption ,
Pregnancy ,
Proposed Legislation ,
Reasonable Accommodation ,
Sick Leave ,
Social Media Policy ,
Wage and Hour
As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more
5/2/2017
/ Ban the Box ,
Criminal Background Checks ,
Data Breach ,
Discrimination ,
Drug Testing ,
Employee Benefits ,
Equal Pay ,
Hiring & Firing ,
Joint Employers ,
Legislative Agendas ,
Medical Marijuana ,
Minimum Wage ,
Paid Time Off (PTO) ,
Pay Gap ,
Preemption ,
Proposed Legislation ,
Reasonable Accommodation ,
Retirement Plan ,
Right to Work ,
Wage and Hour
As we turn the calendar to April, state legislatures are starting to hit their stride. Bills introduced earlier this year continue to advance, with more than 400 labor and employment-related measures remaining under...more
4/4/2017
/ Anti-Discrimination Policies ,
Ban the Box ,
Corporate Counsel ,
Criminal Background Checks ,
Equal Pay ,
Joint Employers ,
Legislative Agendas ,
Minimum Wage ,
Pay Gap ,
Preemption ,
Wage and Hour ,
Work Schedules
On Thursday, March 9, 2017, the U.S. Court of Appeals for the District of Columbia Circuit held long-awaited oral arguments in Browning-Ferris International v. NLRB. The case will be critical in defining joint employment...more
Statehouses across the country continue to propose legislation at a frenzied pace. In February, as in January, more than 500 bills concerning labor and employment issues were either introduced or addressed in some fashion....more
3/2/2017
/ Background Checks ,
Data Security ,
Discrimination ,
Employment Discrimination ,
Joint Employers ,
Legislative Agendas ,
Minimum Wage ,
Paid Leave ,
Paid Time Off (PTO) ,
Pay Transparency ,
Preemption ,
Right to Work ,
Salary/Wage History ,
Wage and Hour
On Friday, President Trump issued an executive order, Enforcing the Regulatory Reform Agenda ("the Order"), which calls for each federal agency to develop a regulatory reform task force to identify burdensome regulations for...more
2/28/2017
/ Administrative Appointments ,
Data Collection ,
Data Reporting ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Agency Taskforce ,
Gender-Based Pay Discrimination ,
Job Creation ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
New Regulations ,
NLRB ,
Nominations ,
OSHA ,
Regulatory Agencies ,
Regulatory Oversight ,
Regulatory Reform ,
Secretary of Labor ,
Trump Administration ,
Two For One Rule ,
Wage and Hour ,
White-Collar Exemptions ,
Workplace Injury
President-elect Donald Trump has formally named Andy Puzder as his choice to be the next Secretary of Labor. Currently the CEO of CKE Restaurants, the parent company to several fast-food chains, Puzder is a long-time advocate...more
12/9/2016
/ Administrative Appointments ,
Affordable Care Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Minimum Wage ,
Nominations ,
Restaurant Industry ,
Secretary of Labor ,
Trump Administration ,
White-Collar Exemptions
On January 1, 2017, employers across the nation will face a host of new or amended federal, state, and/or local labor and employment requirements. At the same time, there is uncertainty as to how the Trump Administration and...more
12/7/2016
/ Affordable Care Act ,
Background Checks ,
Cell Phones ,
Commuter Tax Benefits ,
Criminal Background Checks ,
Criminal Records ,
Data Breach ,
Decriminalization of Marijuana ,
Disclosure Requirements ,
Domestic Workers ,
Employee Benefits ,
Employee Restrooms ,
Employment Authorization Documents (EAD) ,
Employment Discrimination ,
Equal Pay ,
Executive Compensation ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Fiduciary Duty ,
Fiduciary Rule ,
Firearms ,
Forum Selection ,
Franchises ,
Gender Discrimination ,
Health Insurance ,
Health Insurance Exchanges ,
Healthcare ,
Immigrants ,
Investment Management ,
Joint Employers ,
Juvenile Justice System ,
Labor Law Violations ,
LGBTQ ,
Local Ordinance ,
Marijuana ,
Medical Marijuana ,
Minimum Wage ,
Non-Compete Agreements ,
Over-Time ,
Paid Leave ,
Payroll Records ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Retirement Plan ,
Sick Leave ,
Silica ,
Smoking Bans ,
Social Media Policy ,
Transportation Industry ,
Trump Administration ,
Unions ,
Wage and Hour ,
Wellness Programs ,
Work Schedules ,
Workplace Injury ,
Workplace Safety
The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more
11/10/2016
/ Administrative Appointments ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Browning-Ferris Industries of California Inc. ,
Civil Rights Act ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Bargaining Agreements (CBA) ,
D.R. Horton v NLRB ,
DACA ,
DAPA ,
Disability Discrimination ,
Dodd-Frank ,
EEO-1 ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Ernst & Young ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Fiduciary Rule ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Health Insurance ,
Healthcare ,
Immigrants ,
Immigration Procedures ,
Joint Employers ,
Judicial Appointments ,
LGBTQ ,
Mandatory Arbitration Clauses ,
MAP-21 ,
Minimum Salary ,
Minimum Wage ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Over-Time ,
Paid Leave ,
Persuader Rules ,
Political Appointments ,
Popular ,
Project Labor Agreements ,
Recess Appointments ,
Retirement Plan ,
Right to Work ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Standard of Review ,
Title VII ,
Transgender ,
Unions ,
Wage and Hour ,
Wages ,
White-Collar Exemptions ,
Workplace Injury