Independent contractors would be subject to a ‘totality-of-the-circumstances’ test from the DOL

FLSA’s independent contractor regulations, along with many federal laws under the DOL’s enforcement purview, have been subject to numerous presidential administrations that differed in their approach to the law.
A new era in drug testing is upon employers in the wake of the pandemic

It is of particular interest to examine pre-employment drug screening for marijuana use, which is subject to ever-changing regulations at all levels of government.
A warning to gig economy providers is issued by the FTC

Since the pandemic, gig work has grown significantly and now makes up a significant fraction of U.S. economic output; the FTC estimates that by 2023, gig work will generate $455 billion in sales.
5th Circuit: COVID-19 not a natural disaster for purposes of WARN Act

The 5th Circuit’s ruling provides an important perspective for employers to consider in the context of mass layoffs that may have been related to the pandemic.
Congressional proposed bills to simplify a highly regulated industry

Rigorous federal requirements ensure that background checks are accurate. Unfortunately, some federal, state, and local court systems have begun redacting a vital identifier: complete date of birth (DOB).
DHS is ending the COVID 19 Temporary Policy for List B Identity Documents

In May 2020, the Department of Homeland Security issued a memorandum that approved expired list B identity documents on I-9 forms.
Is Your Company Prepared for the Post-Pandemic Hiring Spree?

As the pandemic goes away, a hiring spree is going to be in full effect in the upcoming months and companies need to be prepared to compete for applicants.
New York’s Efforts to Reform their Criminal Justice System

New York’s continuous efforts to reform their criminal justice system comes in the following FY 2020 Enacted Budget. With a lot of ideas being thrown around it is hard to keep straight. These changes listed below are expected to go into effect and impact our justice system completely.
Are you ready for the California Consumer Privacy Act?

The California Consumer Privacy Act, or CCPA, expands the rights consumers have regarding their personal information.
EEOC sues over criminal background checks

The Equal Employment Opportunity Commission filed lawsuits Tuesday against discount retailer Dollar General Corp. and a BMW manufacturing plant in South Carolina over their use of criminal background checks to screen out job applicants or fire employees.