Category Archives: Biden Administration Coverage
Subscribe to Biden Administration Coverage RSS FeedAn Updated Federal Overtime Rule: When’s It Coming?
Twice a year (in the spring and the fall), each federal agency publishes a “Regulatory Agenda” that discloses the proposal and final rules it has recently issued, together with those that it plans to issue. Back in the fall of 2021, the U.S. Department of Labor’s Wage and Hour Division noted in the agenda that … Continue Reading
DOL’s New Independent Contractor Rule: A Return to 2020
It’s been a bumpy road for the federal rules on independent contractor status under the Fair Labor Standards Act. In the courts, the test has always focused on the “economic reality” of the relationship between a worker and the entity that benefits from the services provided to determine whether the worker is an employee or … Continue Reading
Eleventh Circuit Narrows Nationwide Injunction On President Biden’s Contractor Vaccine Mandate
On August 26, the Eleventh Circuit issued its long-awaited decision in State of Georgia, et al v. President of the United States, et al, Case No. 21-14269. The Eleventh Circuit upheld, but narrowed, an existing nationwide preliminary injunction enjoining enforcement of President Biden’s contractor and subcontractor vaccine mandate. Specifically, the Court upheld the injunction as … Continue Reading
FTC Enforcement Action Limits Noncompetition Agreements in “Sale of Business” Transactions
In Colorado, “Low Wage” Now Means Six-Figures For Non-Competes
U.S. Supreme Court Stays OSHA Vaccine/Testing Mandate for Employers with 100 or More Employees
Sixth Circuit Panel Dissolves Stay of OSHA Vaccine/Testing Mandate
FTC and DOJ Hold Workshop On Non-Compete Agreements
OSHA Releases Emergency Temporary Standard Requiring Mandatory Vaccination or Weekly Testing for Employers with 100 or More Employees
UPDATE: On January 13, 2022, the U.S. Supreme Court granted applications to stay OSHA’s Emergency Temporary Standard pending review on the merits by the Sixth Circuit, and if writs of certiorari are subsequently sought to the U.S. Supreme Court, pending the Court’s disposition of such writs. Click here to read more about the Court’s decision. On … Continue Reading
New Federal Vaccine Rule: Wage and Hour Implications
UPDATE: On January 13, 2022, the U.S. Supreme Court granted applications to stay OSHA’s Emergency Temporary Standard pending review on the merits by the Sixth Circuit, and if writs of certiorari are subsequently sought to the U.S. Supreme Court, pending the Court’s disposition of such writs. Click here to read more about the Court’s decision. On … Continue Reading
OSHA To Issue Emergency Temporary Standard Requiring Large Employers to Mandate Vaccination or Weekly Testing for Employees
On September 9, 2021, the Biden Administration announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing an Emergency Temporary Standard that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require unvaccinated workers to provide a negative COVID-19 test result at least … Continue Reading
DOL Rescinds Trump-Era Joint Employer Rule
President Biden Signs Executive Order Targeting Noncompetition Agreements
Trump-Era Independent Contractor Rule Never to See Light of Day
Remember the Trump administration’s new rule for classifying workers as independent contractors? The one issued on January 6, 2021, only weeks before President Biden took office? The one that would have revised the U.S. Department of Labor’s test for determining worker status under the Fair Labor Standards Act to focus on two “core factors” (control … Continue Reading
DOL and Liquidated Damages: The Breakup Only Lasted 9 Months
On April 9, 2021, the U.S. Department of Labor (DOL) rescinded the Trump-era enforcement practice of abstaining from seeking liquidated damages in connection with pre-litigation investigations and settlements of wage and hour claims. In Field Assistance Bulletin No. 2021-2, issued by the Wage and Hour Division’s Principal Deputy Administrator, Jessica Looman, the agency announced that … Continue Reading
Business Groups Challenge Biden Administration’s Delay of Trump-era Independent Contractor Rule
OSHA Launches New Workplace Safety Initiative and Updated Enforcement Guidance Regarding COVID-19
Biden Administration Wage and Hour Update: 50 Days In…
We’re 50 days into the Biden administration. Here’s an update on where things stand with respect to wage and hour law at the federal level: On March 11, 2021, the U.S. Department of Labor’s Wage and Hour Division (WHD)—as expected—announced its proposals to rescind the Trump-era rules on independent contractor classification and joint employment. WHD’s … Continue Reading
[Podcast]: What Can Employers Expect from the Biden Administration?
DOL Takes First Step to Revisit Independent Contractor and Tip Rules
In accordance with the Biden administration’s January 20 regulatory freeze memorandum, the U.S Department of Labor issued proposals to delay the effective dates of the Final Rules on independent contractor classification and tip regulations by 60 days, to allow the agency “the opportunity to review and consider the questions of law, policy, and fact raised … Continue Reading
OSHA Issues New Workplace Safety Guidance Regarding COVID-19
As we previously reported, last week President Biden directed the Secretary of Labor to issue revised guidance to employers on workplace safety during the COVID-19 pandemic. In response to that directive, OSHA issued what the DOL described as “stronger” worker safety guidance to advise employers during the COVID-19 pandemic. OSHA’s newest guidance, titled “Protecting Workers: … Continue Reading
