Alerts

• Regulatory Whiplash Continues: DOL Proposes Yet Another Independent Contractor Classification Rule
  The U.S. Department of Labor has issued a proposed rule that would rescind the Biden administration’s 2024 independent contractor rule and replace it with a more business-friendly version of the “economic realities” test under the Fair Labor Standards Act.

• NLRB Formalizes Joint Employer Rule, But Is An Upcoming DC Circuit Decision What Counts?A labor union is challenging the 2020 rule's "actual exercise" requirement, arguing that an employer's reserved right to control workers should be enough to establish joint employer status.

• Will a Revised USMCA Strengthen Worker Rights and Reduce Outsourcing?
  Testimony suggests continued political pressure to use the USMCA review process to pursue more aggressive, facility-level labor (and possibly environmental) enforcement, as well as structural wage reforms.

• Who’s Interpreting the NLRA in 2025? Courts Step in as Board Precedent Stalls
  Appellate courts have been active in the labor space amid a “lost year” for the National Labor Relations Board (NLRB), which has issued almost no decisions since the beginning of the second Trump administration.

• The ‘Lost Year’ at the NLRB: How a Lack of Quorum Stalled Change in 2025
  The NLRB was effectively crippled throughout 2025 because it lacked quorum as a result of Board Member Gwynne Wilcox’s termination and delayed nominations.

• In Southeast Asia Trade Agreements, U.S. Is Poised to Set New Labor StandardsThe United States has announced reciprocal trade agreements with Cambodia and Malaysia featuring the most ambitious and enforceable labor rights provisions since the USMCA.

• The One Big Beautiful Bill Act Changes Employee Retention Tax Credit Program
  Known for its tax and spending cuts, the One Big Beautiful Bill Act also contains significant changes to the federal government’s treatment of COVID-era Employee Retention Tax Credit (ERC) claims.

• DOL Seeks to Repeal Over 60 Workplace Regulations
  Although the department did not specify which regulations will be targeted, two proposed rules involve the minimum wage rate for home health care workers and the removal of affirmative action requirements in registered apprenticeship programs.

• OSHA Provides Penalty Relief, Particularly to Small Businesses
  The changes include increasing the number of small employers that are eligible for reduced penalties, incentivizing quick fixes and providing credit for a clean compliance history.
• DOJ Targets DEI Programs with False Claims Act Enforcement
  The broad initiative involves DOJ’s criminal, civil fraud and civil rights divisions along with the Department of Education, the Department of Health and Human Services, the Department of Housing and Urban Development, and the Department of Labor.
• Trump Executive Order Targets Trucking Industry With English Proficiency Requirement for Drivers
  The move that could lead to significant operational changes across the trucking industry.
• Trump Executive Order Rolls Back Disparate-Impact Enforcement
  The order asserts that disparate-impact liability pressures individuals and businesses to consider race and engage in racial balancing to avoid crippling legal liability.
• Department of Justice Loosens the Requirements of the Americans With Disabilities Act
  The United States Department of Justice (DOJ) announced that it was eliminating 11 previously issued guidance documents concerning compliance with the Americans with Disabilities Act.
• Employers Charged With ‘Harboring’ Unauthorized Foreign Workers
  Indictment of Texas bakery owners puts employers on notice of increased scrutiny under Trump administration
• Stricter Immigration Vetting: What You Need to Know
  An executive order by President Trump is set to reshape immigration procedures and tighten visa processing. Employers should prepare for delays in employee travel to the United States and in some in-country processing.
• Federal Judge Blocks Trump’s Orders Limiting DEI in Government and Business
  The injunction, issued by a federal district court in Maryland, is a significant development with immediate consequences for employers throughout the country.
• What to Do if ICE Knocks on Your Door
  As raids are implemented across a multitude of industries, employers need to understand their rights and obligations when the U.S. Immigration and Customs Enforcement (ICE) knocks on your door.
• New NLRB Counsel Overturns Biden-Era Policies, Signaling Pro-Employer Shift
  The National Labor Relations Board’s (NLRB) new Acting General Counsel, William Cowen, has effectively dismantled more than two dozen key Biden-era initiatives that favored employees and unions.
• DOJ Targets Private-Sector DEI Programs: What Employers Need to Know
  The U.S. Department of Justice has set its sights on diversity, equity and inclusion (DEI) programs, creating heightened enforcement risks for employers.
• Employers Face Civil and Criminal Penalties for Immigration Violations
  Employers must properly complete and maintain I-9 forms for all employees to verify identity and work authorization. However, many fail to do so correctly—a mistake that can be costly.
• ICE Expands Enforcement to Schools, Hospitals and Places of Worship
  The Department of Homeland Security will no longer limit immigration enforcement in so-called “protected” or “sensitive” locations.
• Federal Funding Cuts: Key Considerations for Employers Facing Potential Layoffs
  Even short pauses in federal funding may force employers to lay off, or permanently terminate, their workers, implicating an array of federal and corresponding state statutes.
• Trump Transforms Equal Employment Opportunity Commission
  Employers should prepare for a rapid transformation of the EEOC’s enforcement priorities.
• Trio of Trump Executive Orders Take Aim at DEI and Gender Policies
  The Trump administration’s sweeping executive actions will directly impact private sector companies, including federal contractors and subcontractors.
• Acting DOL Secretary Halts Enforcement of Johnson-Era Executive Order
  All pending cases, conciliation agreements, investigations, complaints, and any other enforcement-related or investigative activity relating to EO 11246, which required federal contractors to establish affirmative action programs, have been closed.