News & Analysis as of

Labor Regulations Comment Period

Faegre Drinker Biddle & Reath LLP

The FTC Non-Compete Rule – It’s Finally Here (Almost)!

On April 16, 2024, the Federal Trade Commission (FTC) announced that, next Tuesday, April 23, it will be releasing the final version of its proposed rule largely prohibiting employee non-competition restrictions. See FTC...more

Genova Burns LLC

Federal Trade Commission Proposes Banning Noncompete Clauses

Genova Burns LLC on

On January 5, 2023, the Federal Trade Commission (FTC) proposed a radical and unprecedented rule that would prohibit employers from entering noncompete clauses with their workers. This follows the initiation of a landmark FTC...more

Burr & Forman

Department of Labor’s Notice of Proposed Rulemaking – Independent Contractor Classification Under the Fair Labor Standards Act

Burr & Forman on

Fair Labor Standards Act - The FLSA establishes minimum wage, overtime pay, and payday standards, in addition to recordkeeping obligations and other workplace mandates. Importantly, the FLSA only places requirements on...more

Jones Day

Biden Department of Labor Proposes $15 Minimum Wage for Federal Contractors

Jones Day on

Overview  As previously discussed here, pursuant to Executive Order 14026 signed by President Biden on April 27, 2021, the Department of Labor ("DOL" or "Department") recently published a notice of proposed rulemaking titled...more

Fisher Phillips

Biden’s Labor Department Delays Gig Economy Rule And Seeks New Public Input

Fisher Phillips on

As we predicted, the Biden administration signed an order immediately after taking charge of the White House halting the advancement of the Department of Labor’s new independent contractor rule. Now for the next step: the...more

DirectEmployers Association

OFCCP Week In Review: February 2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Littler

California Standards Board Passes Sweeping Cal/OSHA Emergency COVID-19 Prevention Regulation

Littler on

On November 19, 2020, over the vigorous objections of several employers, trade associations, employer agencies, and defense counsel, the California Occupational Safety and Health Standards Board voted unanimously to pass the...more

Troutman Pepper

DOL Proposes New Rule Clarifying Independent Contractor Status

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Q: What do I need to know about the proposed federal rule on independent contractor classification? ...more

Littler

EEOC Proposes Conciliation Procedures Rule

Littler on

The U.S. Equal Employment Opportunity Commission has issued a proposed rule addressing conciliation based on the various laws it enforces, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities...more

Bradley Arant Boult Cummings LLP

New Reality? DOL Publishes Proposed Rule on Independent Contractor Status

Whether a worker is an employee covered by the Fair Labor Standards Act (FLSA) (and potentially entitled to overtime pay or benefits) or an independent contractor who is not covered has been the center of an ongoing legal...more

Holland & Knight LLP

DOL Publishes New Guidance for Classifying Independent Contractors

Holland & Knight LLP on

The U.S. Department of Labor (DOL) on Sept. 22, 2020, proposed new regulations designed to codify criteria to identify independent workers under the Fair Labor Standards Act (FLSA). Independent contractors are not employees...more

Morgan Lewis

DOL Publishes Proposed Rule on Independent Contractor Classification

Morgan Lewis on

While the proposed rule retains the “economic realities test,” it consolidates the existing factors used to guide analysis of independent contractor status under the Fair Labor Standards Act and focuses on two “core factors.”...more

Bricker Graydon LLP

Department of Labor proposes rule adopting “economic reality” test to assess independent contractor status

Bricker Graydon LLP on

The U.S. Department of Labor (DOL) recently announced a long-awaited proposed rule that addresses how to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). Under the...more

Seyfarth Shaw LLP

DOL Proposes Its First-Ever Interpretation on Independent Contractor vs. Employee

Seyfarth Shaw LLP on

For decades, companies have wrestled with whether certain workers must be treated as employees subject to various employment laws and company rules or whether they are appropriately classified as independent contractors with...more

Fisher Phillips

5 Most Likely FMLA Changes That Could Be On The Horizon, Per DOL Information Request

Fisher Phillips on

The Department of Labor just provided employers a sign that it might be open to altering the Family and Medical Leave Act regulations and guidance, perhaps resolving some of the more difficult aspects of the law that cause...more

Proskauer - Labor Relations Update

Update: NLRB Delays Implementation of Final Election Rule Changes to July 31, 2020

As we reported here, on April 1, 2020, the NLRB published its final rule making three amendments to its rules and regulations governing union elections (relating to the Board’s blocking charge policy; timing and notice...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (January 2020 Edition)

Littler on

If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more

ArentFox Schiff

The Future of Employment Non-Competes: The Federal Trade Commission Considers Rulemaking and Signals an Appetite for Stricter...

ArentFox Schiff on

In short, the petitioners asked for a rule that non-competes are an unfair method of competition that is illegal per se under Section 5(a) of the Federal Trade Commission Act. Further, they asked that any employer presenting,...more

Hogan Lovells

Key takeaways from the FTC's noncompete workshop

Hogan Lovells on

On 9 January 2020 the Federal Trade Commission (FTC) held a public workshop in Washington, D.C. to assess whether it should "promulgate a Commission Rule that would restrict the use of non-compete clauses in employer-employee...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - January 2020

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

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - December 2019

Seyfarth Shaw LLP on

WHD Rulemakings Full Speed Ahead. This is a busy time for the Wage & Hour Division’s regulatory agenda. Early in the week, the White House approved its final rule updating the regular rate regulations. The updates are...more

Akerman LLP - HR Defense

Just In Time For Holiday Bonuses: Proposed New Guidance On “Fixed Salary”

Employers who compensate non-exempt employees based on the “fluctuating work week” method, take note. Last month, the Department of Labor issued a proposed rule that would permit employers to supplement the salaries of such...more

Seyfarth Shaw LLP

WHD Proposes Rule on Fluctuating Workweek

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Labor’s Wage & Hour Division issued a proposed rule on the fluctuating workweek method of pay. The proposal continues a regulatory saga started in 2008, and clarifies that payments in...more

Littler

Pennsylvania Moves One Step Closer to Substantially Increasing White Collar Exemption Salary Threshold

Littler on

In June 2018 the Pennsylvania Department of Labor and Industry (DLI) issued a proposed rule to substantially increase the salary threshold to qualify as an exempt Executive, Administrative and Professional (EAP) employee...more

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