Labor & Employment

Utah v. Su: Are DOL (and SEC) regulations that encourage ESG investing lawful?

The panelists will discuss Biden Administration policies and regulations at the DOL and SEC addressing investing based on environmental, social,…

Grading the Biden DOL and NLRB’s Use of Regulatory Authorities

The Regulatory Transparency Project (RTP) is pleased to host a stellar panel of top labor and employment law experts for…

Explainer Episode 56 – Affirmative Action in Employment

Affirmative action plans, though perhaps most associated with college admissions and higher education, actually crop up in a wide array…

Deep Dive 268 – Utah v. Walsh: Latest Developments in the Challenges to the DOL’s ESG Rule

The plaintiffs in Utah v. Walsh filed a motion to halt implementation of the Department of Labor’s new rule, which provides increased…

Deep Dive Episode 259 – AI & Antidiscrimination: AI Entering the Arena of Labor & Employment Law [Panel Discussion]

AI is increasingly used both in the public and private sectors for facial recognition, dataset analysis, risk and performance predictions, and much more, though how companies use it and the actual input it has can be unclear. At an in-person luncheon, an expert panel discussed the tensions surrounding the issues of AI and employment law.

Deep Dive Episode 258 – AI & Antidiscrimination: AI Entering the Arena of Labor & Employment Law [Keynote Address]

At an in-person luncheon, EEOC Commissioner Keith Sonderling delivered a keynote address on issues concerning AI’s entrance into the Labor and Employment space.

Deep Dive Episode 244 – Litigation Update: Helix Energy v. Hewitt

In this podcast, experts provide a litigation update on Helix Energy, what it is, what the possible outcomes may be, and the potential consequences of the case.

Deep Dive Episode 226 – Due Process Protections in Agency Enforcement Actions

Steven Bradbury, Sheng Li, and Beth Williams provided an update on Polyweave Packaging v. Buttigieg and discussed the case’s implications for administrative rulemaking and due process.

Deep Dive Episode 199 – Pass or Fail? Grading the NLRB, EEOC, and DoL

An expert panel debates the recent performance of three labor-focused regulatory bodies.

Deep Dive Episode 187 – Courthouse Steps Decision: Cedar Point Nursery v. Hassid

Attorney Wen Fa analyzes the Supreme Court’s decision in Cedar Point Nursery v. Hassid.

Explainer Episode 28 – Rep. Harshbarger on the Freedom to Work Act

Rep. Diana Harshbarger joins Shoshana Weissmann to discuss the “Freedom to Work Act” and the most prevalent arguments for and against its passage.

Deep Dive Episode 169 – Courthouse Steps Oral Argument: Cedar Point Nursery v. Hassid

Wen Fa joins us to break down oral arguments in Cedar Point Nursery v. Hassid.

Deep Dive Episode 124 – Labor Law Compliance Issues Posed by COVID-19

This live podcast examines federal and state labor and employment issues caused by COVID-19 and reviews options for employers to consider.

Deep Dive Episode 85 – State Regulators and the Gig Economy

Gig-economy companies like Uber, Lyft, DoorDash, and others have disrupted sectors across the economy. Alex MacDonald discusses the implications of state regulations for the future of gig work and, perhaps, a better way forward.

Deep Dive Episode 74 – A Discussion on Current Department of Labor Priorities

This episode, moderated by former Solicitor of Labor Gregory Jacob, features a discussion with Cheryl Stanton, head of DOL’s Wage and Hour Division, and Jonathan Berry, head of its regulatory policy shop, about how President Trump’s Department of Labor is stewarding the responsibilities that have been entrusted to its care.

Deep Dive Episode 70 – Independent Contractor Or Employee?

In this episode, Bruce J. Sarchet gives an overview of the ABC Test; an analysis of the provisions of California’s AB 5; a discussion of the potential impacts on the California and U.S. economy should the bill be passed into law; and options for compliance.

Deep Dive Episode 48 – The Wage & Hour Trifecta: DOL Proposals on Overtime Exemptions, the Overtime Calculations, and Joint Employment

Tammy McCutchen discusses the Department of Labor’s recently published proposals to revise the FLSA regulations on joint employment, overtime exemptions, and the regular rate/overtime calculation.

EEOC Enforcement Guidance on Harassment in the Workplace: Proposed Updates Raise Concerns

Rachel Morrison

COVID Vaccination Mandate?

Tammy McCutchen

Labor law expert Tammy McCutchen lays out the considerations private firms must account for when deciding whether to institute a mandatory vaccination policy.

To Combat Long-Term Unemployment, Policymakers Should Embrace the Gig Economy

Alexander MacDonald

To prevent a massive, long-term depression, policymakers must help get people back to work. But ironically, one of their best tools for doing so may be the one they’ve spent the last six months attacking: the so-called gig economy.

Half-Baked Benefits: New Jersey Repeats the Mistakes of the Past in Its New Portable-Benefit Law for Gig Workers

Alexander MacDonald

Rather than forcing twenty-first century markets into twentieth-century models, legislators should be thinking outside the box.

The Gig is Up?

Bruce J. Sarchet

…the gig economy is here to stay, and government efforts to regulate this growing sector of our society, our workplaces, and our daily lives will continue to expand.

The NLRB and Weaponization of Recusal Motions

Tammy McCutchen

National Labor Relations Board member William Emmanuel has been under attack almost immediately after and continuously since he landed at the NLRB.

California Assembly Bill 5 Legislation – An Expansive and Potentially Onerous Definition of Employee Status Under California State Law

G. Roger King

AB 5 would appear to be a significant overreach, and also a clear misinterpretation of traditional common law principles defining independent contractor status.

Give Me a Break: The Need for DOL to Review Outdated and Stifling Workplace Rules

James Paretti

As the U.S. Department of Labor (DOL) prepares for new leadership in the coming months, now more than ever the time is right for it to consider a stem-to-stern review of its regulations under the Fair Labor Standards Act – a law passed in 1938, and implemented by regulations which often bear little relation to the realities of today’s 21st century workforce.

DOL Issues Proposed Rule on Joint Employment

Tammy McCutchen

After over two years of regulatory inactivity, the DOL’s Wage and Hour Division appears to be rushing to complete its regulatory agenda before the 2020 presidential election season.

Department of Labor Proposes to Increase Minimum Salary for “White Collar” Overtime Exemptions

Tammy McCutchen

On March 7, 2019, the Wage and Hour Division of the U.S. Department of Labor, through its Acting Administrator Keith Sonderling, published the long-awaited Notice of Proposed Rulemaking (NPRM) to revise the “white collar” overtime exemption regulations.

DOL Releases a Proposed Rule to Clarify the Types of Compensation in the Overtime Calculation

Tammy McCutchen

On March 28, 2019, the U.S. Department of Labor (DOL) released a proposed rule to amend the regulations at 29 CFR Part 778 to clarify and update the “regular rate” requirements under section 7(e) of the Fair Labor Standards Act (FLSA), 29 USC §207(e), focusing on the types of compensation and benefits that employers must include in the overtime calculation.

OSHA Drones in the Workplace?

Tammy McCutchen

Yes, your friendly neighborhood OSHA inspector is now authorized by the Labor Department “to use camera-carrying drones as part of their inspections of outdoor workplaces.”

The Truth about DOL’s Tip Pooling Proposal

Tammy McCutchen

“Employee advocates” are objecting to the DOL’s tip pooling proposal, but one wonders why they are advocating for front-of-the-house employees at the expense of back-of-the house workers.