Showing 30 posts in U.S. Department of Labor.

Is Your Business Prepared to Comply With New York's Retail Worker Safety Act?

September 30, 2024 by Jason S. Greenfield

On September 4, 2024, Governor Kathy Hochul signed the Retail Worker Safety Act  (the "Act") into law. The Act, which takes effect on March 3, 2025, requires retail employers to develop and implement programs to prevent workplace violence. It also requires retail employers with 500 or more retail employees nationwide to install panic buttons by January 1, 2027. More ›

The Department of Labor Announces New Final Rule Clarifying Employee Representative Rights During Workplace Inspections

April 26, 2024 by Amanda Tzivas

On March 29, 2024, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule (Final Rule) amending regulations for workplace investigations. It clarifies that employees may authorize both employees and a non-exhaustive list of third-party non-employees to act as their representative and accompany OSHA Compliance Safety and Health Officers (CSHO) during physical workplace inspections. More ›

EEOC Announces Final Rule Implementing Regulations to Enforce and Clarify the Pregnant Workers Fairness Act

April 18, 2024 by Amanda Tzivas

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) published a Final Rule to implement regulations aimed at enforcing the Pregnant Workers Fairness Act (PWFA). More ›

Federal Court Blocks Illinois Equal Pay Amendment: What Employers and Staffing Agencies Need to Know

March 27, 2024 by Fernando H. Silva

A federal court in Chicago recently granted a preliminary injunction enjoining the Illinois Department of Labor from enforcing one of several amendments made in August 2023 to the Illinois Day Labor and Temporary Labor Services Act (the "Act"). More ›

U.S. Department of Labor Issued its Final Rule on Classifying Workers as Employees or Independent Contractors

January 12, 2024 by Amanda E. Teske

Earlier this week, the United States Department of Labor (DOL) issued a "final rule" providing guidance on the proper classification of employees and independent contractors under the Fair Labor Standards Act (FLSA). More ›

The "Gig" is Up: DOL Proposes Rule That Would Classify More Independent Contractors as Employees

October 13, 2022 by Corey J. Swinick

The U.S. Department of Labor (DOL) has proposed a rule that would make it more difficult for companies to treat workers as independent contractors. The proposed rule would return to a "totality-of-the-circumstances" analysis of the economic realities test—in which the factors do not have a predetermined weight and are considered in view of the economic reality of the whole activity. The DOL said it will consider, among other factors, the worker's "opportunity for profit or loss, investment, permanency, the degree of control by the employer over the worker, whether the work is an integral part of the employer's business, and skill and initiative." More ›

DOL Provides Guidance on Pandemic Emergency Unemployment Compensation Program

April 16, 2020 by Hinshaw & Culbertson LLP

Over the past three weeks, 16 million unemployment claims have been filed, and more are on the horizon. As questions and concerns surrounding unemployment benefits continue, so does guidance from the U.S. Department of Labor (DOL). In a recent Unemployment Insurance Program Letter (UIPL), the DOL's Employment and Training Administration (ETA) provided further clarification concerning the Pandemic Emergency Unemployment Compensation (PEUC) program. The PEUC has left employers wondering whether or not their respective state—or the federal government—will require repayment of the benefits provided under the PEUC. More ›

DOL Issues OSHA Information to Help Reduce Coronavirus Exposure in the Workplace

April 13, 2020 by Hinshaw & Culbertson LLP

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued a new poster—available in English or Spanish—which lists steps workplaces can take to reduce their risks of coronavirus exposure. This release is the latest effort by OSHA to educate and protect America's workers and employers during the pandemic. We outline their recommended infection prevention measures highlighted in the poster below. More ›

DOL Clarifies Unemployment Benefits in New Letters

April 9, 2020 by Hinshaw & Culbertson LLP

Over the last few weeks, employers across the county have had to grapple with an onslaught of new legislation at both the state and federal level. As part of its implementation of the new federal employment law mandates, the U.S. Department of Labor (DOL) has provided two new Unemployment Insurance Program Letters (UIPL) concerning unemployment benefits. We explore the DOL's guidance below. More ›

NLRB Announces Final Joint Employer Rule

March 9, 2020 by Hinshaw & Culbertson LLP

Following in the footsteps of the U.S. Department of Labor, the National Labor Relations Board (NLRB) announced its Final Rule regarding joint employment. While the NLRB rarely engages in rulemaking, it deemed it necessary in this instance to provide clarity and predictability regarding joint employment. Effective April 27, 2020, the Final Rule rescinds the current test which went into effect in 2015 and reverts back to the prior analysis. This impacts all employers, particularly in the context of collective bargaining, staffing companies, and franchisers. More ›

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