U.S. Department of Labor

We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

National Fed’n of Indep. Bus. v. OSHA, 595 U.S. ___, 142 S. Ct. 661 (2022)

The United States Secretary of Labor, acting through the Occupational Safety and Health Administration, enacted a vaccine mandate that would have required employers with at least 100 employees to require their employees (approximately 84 million workers) to receive a COVID-19 vaccination or to obtain a medical test each week

As expected, the White House issued a memorandum to the heads of all executive departments and agencies within the first few hours after President Biden’s inauguration on January 20, requesting that they halt all non-emergency rulemaking and regulatory activity pending review by the new administration. The memo effectively does away with the U.S. Department of Labor (DOL)’s January 7, 2021 Final Rule on independent contractor

Following last week’s historic presidential election and a forthcoming transition of power, Proskauer’s Anthony Oncidi and Laura Fant join XpertHR Legal Editor David Weisenfeld for a podcast conversation on the changes employers can expect after President-elect Biden takes office in January.

Employers – listen now in order to plan ahead for what could be significant shifts from the new administration in Washington.

Listen to the

Navarro v. Encino Motorcars, LLC, 845 F.3d 925 (9th Cir. 2017)

An amendment to the Fair Labor Standards Act (“FLSA”) exempts from its overtime requirements “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements.”  The U.S. Department of Labor (“DOL”) subsequently issued an opinion letter and amended its Field Operations Handbook to state that service advisors also

Encino Motorcars, LLC v. Navarro, 579 U.S. ___, 2016 WL 3369424 (2016)

An amendment to the Fair Labor Standards Act (“FLSA”) exempts from its overtime requirements “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements.” Later, the U.S. Department of Labor (“DOL”) issued an opinion letter and amended its Field Operations Handbook to state that service advisors also