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 legislation, regulations, and congressional activity affecting the workplace. DOL Rescinds Biden-Era Overtime Rule  On May 14, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a technical amendment designed to unwind the Biden-era regulation and restore the 2019 Trump-era regulation establishing the salary level needed to qualify for the Fair Labor Standards Act (FLSA) “white collar” overtime exemptions. For further Littler analysis, read here . It is unclear if the DOL will revisit the 2019 rule and pursue a new rulemaking. Discharge Petition on “Faster Labor Contracts Act” Closer to 218-Signature Threshold As previously reported, the Discharge Petition (H.Res. 1140) filed by Representative Donald Norcross (D-NJ) to bypass committee consideration and force a House floor vote on union-backed H.R. 5408, the “Faster Labor Contracts...

With the federal government shutdown ending, employers need to shift gears fast. Key federal agencies will soon resume normal operations, and we’ll see regulatory action and oversight surge back into motion. This is the moment to move from pause to power-up: review where your organization hit the brakes, identify what got delayed, and prepare for the ramp-up ahead. Here’s what you should expect and what you should do. Mechanics of the Restart With federal funding resumed, many previously “non-essential” agency functions will begin to re-activate. But don’t expect an immediate return to normalcy. Agencies will need to dig out from the backlog created by the longest shutdown in our nation’s history, so you’ll see a gradual ramp-up period for pending investigations, audits, applications, and compliance checks. Officials will likely prioritize high-risk or high-profile issues. For employers, your quiet window is now closed. If your organization postponed compliance initiatives, filings,...

The US Department of Labor (DOL) just released its latest  semiannual regulatory agenda , and employers should tune in. The agency’s current proposals include high-priority actions related to joint employer determinations, independent contractor classification, minimum wage and overtime exemptions, workplace safety, and more . Secretary of Labor Lori Chavez-DeRemer said that the DOL’s “bold” agenda, which was unveiled on September 4, “focuses on flexibility, transparency, and common-sense reform.” Here’s your employer guide to some of the agency’s key proposals. 1. Joint Employer Status Under the FLSA ( RIN 1235-AA48 ) The DOL will revisit the standard for determining joint employer liability under the Fair Labor Standards Act (FLSA), which has been a hot-button issue for years now. The agency plans to issue a new proposed rule in December that would guide enforcement and “help promote greater uniformity among court decisions nationwide.” While the details of this proposal remain ...

T he U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum wage exemptions to cuts in affirmative action and workplace safety oversight, the July 1 rollout is being called one of the most ambitious federal red tape rollbacks in recent decades. Here’s what your business needs to know – and what to watch for next. What Just Happened? Without much fanfare, the Department of Labor (DOL)  unveiled a broad set of regulatory rollbacks  in response to President Trump’s executive order calling for federal agencies to rescind 10 regulations for every new one issued. S ecretary of Labor Lori Chavez-DeRemer’s announcement called it “the most ambitious proposal to slash red tape of any department across the federal government.” What’s On The Chopping Block? Key proposals include: Workplace Safety:   Rolling back employer ...

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for compliance, here is a quick review of some recent critical developments we tracked and a checklist of the essential items you should consider addressing in July and beyond. _____ Complete your mid-year compliance check.  Sorry to start the checklist with another checklist – but did you know that a heap of new workplace laws take effect halfway through the year?  Here’s your employer cheat sheet to ensure you’re complying with various July 1 effective dates . _____ Assess the impact of new SCOTUS rulings.  As the Supreme Court’s 2024-2025 term ends, the Justices issued some key decisions in June that will affect the workplace.   They  scrapped the extra hurdle  in majority-group bias claims, significantly restricted  who can succeed on po...