Compliance Stuff

At a Glance The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week. Supreme Court Temporarily Blocks Decision Allowing Reinstatement of NLRB Member Wilcox  On April 7, the U.S. Court of Appeals for the D.C. Circuit  ruled  that National Labor Relations Board Member Gwynne Wilcox could return to work while she challenges her removal. On April 8, the Trump administration appealed the April 7 ruling to the Supreme Court. On April 9, Supreme Court Chief Justice John Roberts ruled that the Wilcox termination will stay pending resolution of the appeal. The D.C. Circuit is scheduled to hold oral arguments in the case in May . After arguments, the court will decide the case on the merits. For now, the current takeaway is that the Board is (once again) without a quorum and is, therefore, unable to resume normal operations and...

Takeaways In several ongoing lawsuits, the DOL has notified the courts that it will reconsider its 2024 independent contractor rule and may issue a new rule. The 2024 rule formally rescinded an independent contractor rule issued at the close of the first Trump Administration. The 2024 rule remains in effect while the cases are held in abeyance; however, the DOL is unlikely to enforce it. Related links Labor Department Releases Independent Contractor Final Rule, Revising Standard Trump DOL Signals a Back-off from Defending Independent Contractor Rule Article In recent court filings in several ongoing lawsuits, the Department of Labor (DOL) has indicated that it will reconsider its 2024 independent contractor rule issued by the Biden Administration and may issue a new rule. The filings mark the agency’s first official statements indicating its intent to revoke the Biden-era rule. The 2024 independent contractor rule, effective Mar. 11, 2024, revised the DOL standard for determining whet...