This blog is dedicated to the rapidly changing areas of labor and employment law, whistleblower rights and workplace investigations.
The posts are aimed at keeping clients and others informed of litigation and regulatory developments that affect the workplace as they occur. The posts cover a wide breadth of topics, including, among others, complex discrimination issues, restrictive covenant cases, executive employment matters and whistleblower litigation, as well as traditional labor law topics.
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Disclaimer Notice: The Legal Developments Affecting the Workplace blog is an informational product provided by Sullivan & Cromwell LLP and should not be considered a substitute for legal advice.
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DOL Proposes Return to “Economic Realities” Test for Independent Contractor Classification Determinations
October 12, 2022
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California Supreme Court Upholds Worker-Friendly Evidentiary Standard for Whistleblower Retaliation Claims
January 28, 2022
DOL Whistleblower Workplace Investigations -
Updated: New York Imposes Employer Obligations to Provide Leave for COVID-19 Vaccinations
December 1, 2021
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OSHA Issues Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace
June 16, 2021
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Updated: OSHA Issues Revised Enforcement Guidance on Reporting COVID-19 Cases
May 20, 2021
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U.S. Department of Labor Launches the Essential Workers, Essential Protections Initiative During the COVID-19 Pandemic
May 6, 2021
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Updated: U.S. Department of Labor Issues New COVID-19 Guidance on FLSA, FMLA, and FFCRA Leave
May 6, 2021
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Department of Labor Proposes to Withdraw Trump Administration Worker-Classification Rule
March 17, 2021
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Updated: OSHA Issues General Guidance on Returning to Work
February 3, 2021
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Department Of Labor Proposes New Rule On Classifying Workers As Employees Or Independent Contractors
September 28, 2020
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Updated: U.S. Department of Labor’s Wage and Hour Division April 3, 2020 Guidance on Leave Provisions of the Families First Coronavirus Response Act: Part III
September 17, 2020
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Updated: U.S. Department of Labor’s Wage and Hour Division Issues Additional Guidance on Leave Provisions of the Families First Coronavirus Response Act: Part II
September 17, 2020
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Updated: U.S. Department of Labor’s Wage and Hour Division Issues Additional Guidance on Leave Provisions of the Families First Coronavirus Response Act: Part IV
September 17, 2020
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Updated: U.S. Department of Labor’s Wage and Hour Division Issues Initial Guidance and Model Employee Notice Regarding the Leave Provisions of the Families First Coronavirus Response Act: Part I
September 17, 2020
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Department of Labor’s “Joint Employer” Rule Is Struck Down
September 11, 2020
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OSHA Issues Enforcement Guidances on Recording COVID-19 Cases and on Its Intention to Consider Good Faith Attempts to Comply with OSHA Requirements During the COVID-19 Pandemic
May 20, 2020
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Reopening Considerations: DOL’s Request for Reopening Insights from Public and EPA and CDC’s Joint Guidance for Cleaning and Disinfecting Worksites
May 1, 2020
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U.S. Department of Treasury, IRS, and U.S. Department of Labor Announce Plan to Implement Paid Leave and Tax Credit Provisions of the Families First Coronavirus Response Act
April 22, 2020
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WARN Act Requirements for Workforce Restructuring Caused by the Coronavirus Pandemic
April 21, 2020
Executive Order/EO DOL -
Employer Obligations to Provide Leave Related to School Closures During Coronavirus Pandemic
March 18, 2020
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U.S. Department of Labor Issues Workplace Guidelines for Coronavirus Outbreak, Including Specific Guidance on FMLA, FLSA and FECA
March 12, 2020
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Coronavirus: Guidance for Employers
March 4, 2020
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U.S. Department of Labor Raises New Salary Levels for “White Collar” Overtime Exemptions
October 4, 2019
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DOL Proposes New Joint-Employer Rule
U.S. Department of Labor Proposes Significant Revision to Test for Determining Joint-Employer Status Under the FLSA
April 26, 2019
DOL Class and Collective Actions Wages and Overtime -
U.S. Department of Labor Proposes New Salary Levels for “White Collar” Overtime Exemptions
March 11, 2019
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Employment Law Year in Review
March 22, 2018
DOL Class and Collective Actions EEOC Hiring Trade Secrets Wages and Overtime Whistleblower -
U.S. Department of Labor Loosens Standards for Permissible Use of Unpaid Interns
DOL Rejects Restrictive Six-Factor Test and Announces That It Will Adopt the “Primary Beneficiary” Test Favored by the Federal Circuit Courts
January 9, 2018
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New Developments in Ongoing Litigation Enjoining Obama Era White Collar Overtime Rules
U.S. Department of Labor Asks Fifth Circuit to Hold Appeal in Abeyance Pending New Rulemaking
District Court Considers Contempt Finding for Lawsuit Seeking to Enforce Enjoined Prior RegulationsNovember 9, 2017
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Administrative Review Board Reverses Course, Takes Position that Sarbanes-Oxley Whistleblower Protections Apply Extraterritorially
September 13, 2017
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Department of Labor Issues Request for Public Comments on 11 Questions About Potential Changes to the Overtime White Collar Exemptions.
Request for Information Suggests All Options Are on the Table Concerning Revisions to the Obama Administration’s 2016 Rules.
July 27, 2017
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Senate Confirms Alexander Acosta as Secretary of Labor
On April 27, 2017, the Senate confirmed R. Alexander Acosta to serve as the U.S. Secretary of Labor under President Donald Trump.
April 28, 2016
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Employment Law 2016 Year in Review
This memorandum highlights what we believe were the most significant legal developments and trends from 2016 affecting employers and the employment relationship. In 2016, the Securities and Exchange Commission (“SEC”) and the National Labor Relations Board (“NLRB”) continued their focus on workplace policies and whether those policies, in their view, inhibit whistleblower protections. The question of whether employers may require employees to agree to class action arbitration waivers also came to a head, with the Supreme Court accepting for argument in its 2017 Term three petitions on the question. We expect continued focus on these areas in 2017, as well as increased lawmaking at state and local levels in light of the Trump Administration’s stated priorities and proposed budget cuts at the federal level.
March 22, 2017
DOL Class and Collective Actions EEOC Hiring Trade Secrets Wages and Overtime Whistleblower -
Executive Order Requires Fundamental Reassessment of Existing Rules; Labor Department to Reexamine its “Fiduciary Rule”
Yesterday, President Trump issued an executive order (the “Executive Order”) setting forth seven “Core Principles” to serve as the basis for the Administration’s financial services regulatory policy. The Executive Order directs the Secretary of the Treasury to consult with the heads of other financial regulatory agencies to evaluate how existing laws, regulations and other aspects of the current financial regulatory framework promote or inhibit the Core Principles and what actions have been, and are being, taken to promote and support the Core Principles.
February 4, 2017
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OFCCP Revises Sex Discrimination Guidelines for the First Time Since 1970
On June 14, 2016, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), which enforces anti-discrimination laws covering federal government contractors and subcontractors, issued a final rule (Rule) that significantly updates the agency’s existing guidelines on sex discrimination.
June 17, 2016
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