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Still Waiting: DOL Expected to Issue Final Rule on Independent Contractor Classification in May 2023 Posted on: March 24, 2023 In: Labor & Employment
Last year, the Department of Labor (DOL) published a Notice of Proposed Rulemaking regarding its present guidance on the classification of independent contractors. The Proposed Rule rescinds the 2021 Independent Contractor Rule, Independent Contractor Status Under the Fair Labor Standards Act, published in January 2021, and contains general interpretations for determining worker status.
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Tags:
dol, independent contractors, flsa, employment law, labor law
Lewis Brisbois’ 2022 State Labor & Employment Year End Reviews Posted on: February 28, 2023 In: Labor & Employment
Each year, Lewis Brisbois’ Labor & Employment attorneys review the past year’s major legislative and caselaw developments related to labor and employment law in their respective states. This post features a list with links to these 17 alerts, covering 31 Lewis Brisbois offices across 18 states and the District of Columbia, published between December 22, 2022 and February 14, 2023.
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Tags:
labor law, employment law, legislative alert, employers, human resources, payroll
Third Circuit: No OSHA Investigation? No OSHA Litigation Posted on: February 13, 2023 In: Labor & Employment
In a matter of first impression, the Court of Appeals for the Third Circuit recently confirmed that the Occupational Safety and Health Act of 1970 (OSH Act) mandates the dismissal of an employee’s action against the Secretary of Labor once the Department of Labor has completed its standard enforcement proceedings.
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Tags:
osha, osh act, third circuit, workplace safety, labor law
New Federal Laws Enacted Through Consolidated Appropriations Act of 2023 Strengthen Workplace Protections for Pregnant and Nursing Employees Posted on: January 26, 2023 In: Labor & Employment
The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act) were enacted through the Consolidated Appropriations Act of 2023. Together, these two Acts establish enhanced protections for childrearing employees and impose additional obligations on employers.
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Tags:
breastfeeding, lactation, pregnancy, working mothers, reasonable accommodation, pwfa, pump for nursing mothers act, ada
The New Mexico Healthy Workplaces Act: An Overview Posted on: January 19, 2023 In: Labor & Employment
Under the New Mexico Healthy Workplaces Act (NM HWA), which went into effect on July 1, 2022, employers in New Mexico are now required to provide paid sick leave to all employees, whether full-time, part-time, seasonal, or temporary, hourly and salaried (exempt or non-exempt), at the employee’s usual hourly rate. This post provides an overview of this Act.
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Tags:
new mexico, paid leave, human resources, employment law
Third Circuit Narrows Ellerth-Faragher Affirmative Defense in Hostile Work Environment Cases Posted on: January 18, 2023 In: Labor & Employment
The Third Circuit Court of Appeals, in O’Brien v. The Middle East Forum, et al., No. 2102646 (3d Cir. Jan. 5, 2023), narrowed the Ellerth-Faragher affirmative defense in hostile work environment cases. The Third Circuit held that an employer cannot raise this affirmative defense if the harasser functions as the employer’s “proxy” or “alter ego.” Instead, an employer is strictly liable for harassment perpetrated by its proxy or alter ego.
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Tags:
third circuit, ellerth-faragher, hostile work environment, employment law, labor law
City of Gainesville Becomes First Florida City to Pass Ordinance Limiting Private Employers’ Use of Criminal Histories in Hiring, Employment Posted on: January 11, 2023 In: Labor & Employment
On December 22, 2022, the City of Gainesville, Florida passed the Fair Chance Hiring Ordinance (Ordinance No. 2022-617). The ordinance prohibits employers with 15 or more employees from asking any questions regarding an applicant’s criminal history in the application process.
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Tags:
florida, background check, hiring, human resources, employment law
Federal Trade Commission Cracks Down on Non-Compete Agreements Posted on: January 06, 2023 In: Labor & Employment
In three separate actions and with a recent proposed rulemaking, the Federal Trade Commission (FTC) challenged the use and enforceability of non-compete agreements (NCAs). First, the FTC took action against three separate companies with regard to their use of NCAs. Generally, the FTC complained that the NCAs used were overly broad, applied to lower wage and unskilled workers, and were used in concentrated markets.
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Tags:
ftc, non-compete agreements, trade secrets, employment agreements, employment law, human resources
New York Employers May Not Penalize Employees for Lawful Absences Posted on: January 04, 2023 In: Labor & Employment
As is seemingly customary at this point, New York employers cannot ease into the New Year and must instead revisit their employee handbooks due to a recent amendment to the New York Labor Law that takes effect February 19, 2023. The Lawful Absence Law amends Section 215 of the Labor Law to bar employers from disciplining employees who take legally protected time off from work.
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Tags:
new york, labor law, paid time off, ada, fmla, human resources
Can I Arbitrate Private Attorneys General Act Claims in California? Posted on: December 21, 2022 In: Labor & Employment
A common question California employers have is whether they can arbitrate wage and hour claims brought under the Private Attorneys General Act – commonly known as PAGA – in California. Until recently, the answer to that question has been a resounding “no” ever since a 2014 California Supreme Court case held that employers cannot make employees waive their rights to bring PAGA claims on a group-wide basis through an arbitration agreement.
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Tags:
california, paga, arbitration, wage and hour, employment law, labor law
A CROWNing Achievement for Massachusetts Posted on: November 01, 2022 In: Labor & Employment
On the heels of other jurisdictions that have enacted similar legislation over the past few years, Massachusetts Governor Charlie Baker signed the CROWN Act into law on July 26, 2022, making Massachusetts the 18th state to enact such protections. The Massachusetts CROWN Act went into effect on October 24, 2022.
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Tags:
massachusetts, discrimination, hairstyle, crown act, dress code
Eighth Circ. Finds Financial Conflict of Interest Not Always Sufficient to Constitute Breach of ERISA Fiduciary Duty of Loyalty Posted on: October 20, 2022 In: Labor & Employment
In recent years, there has been a proliferation of lawsuits alleging breach of fiduciary duty against sponsors of 401(k) plans and service providers to those plans under the Employee Retirement Income Security Act, or ERISA. In a recent case, the Eighth Circuit held that a plan service provider did not violate ERISA despite having the ability to unilaterally set a low interest rate on a proprietary investment it offered to the employer’s 401k plan, and then profited from participants who invested in it.
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Tags:
erisa, employee benefits, 401k, retirement, fiduciary duty, human resources

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