On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor.
California state and local governmental bodies—our state legislature, and counties and cities—were active again this year in their efforts to regulate the workplace.
On September 23, 2022, the New York City Department of Consumer and Worker Protection (DCWP) proposed additional rules relating to Local Law 144 of 2021, which will regulate the use of automated employment decision tools starting January 1, 2023.
Last month, OFCCP announced an intention to produce federal contractors’ Type 2 EEO-1 data in response to a FOIA request from the Center for Investigative Reporting (CIR). OFCCP has extended the deadline for filing objections to October 19, 2022.
On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National Labor Relations Act.
This Report examines reasons for the sizable jobs gap, how the Biden administration and state and local legislatures have shaped employment policy, the challenges presented by the evolving nature of work, and the urgent need for federal policy reforms.
On August 26, 2022, the Eleventh Circuit upheld a lower court’s injunction of Executive Order 14042, President Biden’s executive order requiring employees working on federal government contracts to be vaccinated for COVID-19, but narrowed its scope.
On August 19, 2022, OFCCP published a Federal Register notice advising employers that in response to a FOIA request, it is planning to produce confidential information that is protected from disclosure pursuant to a statutory exemption.
