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.
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 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 July 7, 2022, the PBGC announced its final rule setting requirements and procedures for the Special Financial Assistance (SFA) program for financially troubled multiemployer plans.
On June 23, 2022, National Labor Relations Board General Counsel Jennifer Abruzzo released Memorandum GC 22-06, relating to her efforts “to secure full remedies” in settlements with the Board.
On June 21, 2022, the Biden administration released its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. These semi-annual regulatory agendas outline federal agency goals for the months ahead.
On June 3, 2022, the New York Legislature passed Senate Bill 8922, the Warehouse Worker Protection Act (WWPA), which if signed into law, would significantly further regulate the working conditions of warehouse workers in New York State.
During the final days of its most recent legislative session, the New York State Legislature passed a bill (S8369B) that would mandate contractual forms and terms for businesses that use “freelance workers.”
On May 24, 2022, USCIS announced implementation of premium processing for certain work visa petitioners who have pending EB-1 and EB-2 petitions. This announcement is part of a USCIS’ plans to expand its premium processing scheme.