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Articles on U.S. Labor, Employment, Benefits & Immigration Law
Pressures on U.S. Manufacturers with Mexico Operations, Supply Chains to Comply with New Labor Laws
U.S. manufacturers that maintain operations or supply chains in Mexico will continue to face challenges as Mexico accelerates implementation of its new labor law and the United States increases pressure on Mexico for faster labor reforms through unprecedented enforcement tools available under the United States-Mexico-Canada Agreement (USMCA). Manufacturers are the principal focus of this new initiative.
DOL Opens the Door for Staffing Firms to Exempt Workers from Overtime as “Retail or Service Establishments”
On the last full day of the Trump administration, the Department of Labor’s Wage and Hour Division (WHD) clarified that staffing firms can qualify as “retail or service establishments” under FLSA section 7(i). Prior to May 2020, staffing firms were expressly excluded from taking advantage of the 7(i) exemption.
President Biden Calls for Reinstating and Expanding Mandatory Paid Leave As Part of Covid Relief Package
As all eyes are on Washington, DC today with the inauguration of our 46th President. President Biden has laid out an “aggressive plan” to “change the course of the pandemic, build a bridge towards economic recovery, and invest in racial justice.” The 19-page plan the incoming administration published last week
President Biden Asks NLRB General Counsel to Resign
President Joe Biden began his election campaign in a union hall in Pittsburgh and pledged on the eve of the election to be “the most pro-union president you’ve even seen.” As immediate evidence of his intent to make good on that pledge, it is being reported that one of his
BREAKING NEWS: President Biden Overturns Trump-Era Executive Order on Combatting Race and Sex Stereotyping
As one of his first actions as President, Joe Biden has issued an executive order overturning the much controversial Executive Order 13950: Combatting Race and Sex Stereotyping. In addition to additional actions aimed at promoting and ensuring equity, the new Executive Order On Advancing Racial Equity and Support for Underserved
OFCCP Director Update: Yang Replaces Leen as the New Director
According to the Office of Federal Contract Compliance website’s leadership team page, Jenny Yang has replaced Craig Leen as director of the agency. Yang previously served on the U.S. Equal Employment Opportunity Commission (EEOC) from 2013 to 2018 and served as a commissioner, vice chair, and chair for the agency
Immediate Changes at the NLRB
By: Immediate Changes at the NLRB
Bloomberg and other sources are reporting over the last hour that the Biden administration has asked National Labor Relations Board General Counsel Peter Robb, a Trump appointee to resign. Over the last few weeks, there have been rumors that unions have been pushing Biden to
DOL Addresses Independent Contractor Status of Tractor-Trailer Drivers under FLSA in Final Flurry of Opinion Letters
On January 19, 2021, the U.S. Department of Labor issued four new opinion letters.
Former EEOC Commissioner Jenny Yang Anticipated to Be Announced as OFCCP Director
As suspected, it appears imminent that former EEOC Commissioner will be named as Director of OFCCP under newly inaugurated President Joe Biden. Ms. Yang’s name appears on the list of Department of Labor leadership as Director of OFCCP though no formal announcement has been made by OFCCP.
We will bring
OFCCP Issues Contractor “Certificates of Merit” and Publishes Section 503 Focused Reviews Annual Report
As we are preparing for a change in leadership at OFCCP, the Agency has published its first Section 503 Focused Reviews Annual Report and issued Section 503 Certificates of Merit. As many are aware, OFCCP Director Craig Leen is passionate about fighting for and protecting the rights of individuals with
Top Five Labor Law Developments for December 2020
Directing a union election among dockworkers and clerks at a California distribution center, a National Labor Relations Board (NLRB) official rejected the employer’s argument that an appropriate unit must also include drivers working out of the same facility.
Sixth Circuit Strikes Down Contractually Shortened Limitations Period for Claims Under ADA, ADEA
The statute of limitation periods in the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) give rise to substantive, non-waivable rights rendering a contractually shortened limitation period unenforceable, the U.S. Court of Appeals for the Sixth Circuit has held.
In 2021, More States and More Mandates for E-Verify
E-Verify is an electronic employment verification program through which employers may confirm the work eligibility of their employees to work in the United States. Although E-Verify started as a voluntary program, except for federal contractors, it has become mandatory for many employers in several states.
What to Expect in Labor and Employment Law Under the Biden Administration
In November 2020, Littler’s Workplace Policy Institute (WPI) published its Election Report, a deep dive into the myriad labor and employment policy questions potentially in play depending on the outcome of the election. The detailed report explored possible outcomes depending upon the results of the presidential election and congressional
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