President Biden signed a flurry of executive orders on January 20, 2021, his first day in office, a number of which rescinded or revised the prior administration’s executive orders and policies with regard to equity in the workplace.
After running a presidential campaign that emphasized the benefits of lawful and employment-based immigration, President Biden has issued a number of executive orders to reverse the Trump administration’s positions and eliminate restrictions.
On January 19, 2021, the U.S. Department of Labor issued four new opinion letters. The final Wage and Hour opinion letter issued by the DOL under the Trump administration, FLSA2021-9, addressed two issues related to the trucking industry.
On the last full day of the Trump administration, the Department of Labor’s Wage and Hour Division (WHD) clarified that staffing firms can qualify as “retail or service establishments” under FLSA section 7(i).
With the inauguration of President-elect Joseph R. Biden, Jr. imminent and Democrats now poised to take control of the Senate, WPI offers the following insights on what may be expected on the labor and employment front in the weeks and months to come.
On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior Court, applies retroactively.