We wrote in August about major updates to the Davis-Bacon regulations issued by the Department of Labor. The Final Rule updating those regulations became effective on October 23, 2023. In the time since, contractors have been working to ensure compliance with the new requirements, including, among other things, seeking approval from the DOL before taking
Austin Wolfe
DOL Issues Major Updates to Davis-Bacon Regulations
On August 8, 2023, the Department of Labor issued a Final Rule that makes significant changes to contractor and subcontractor obligations on federal and federally-assisted construction projects. Contractors who perform work under projects covered by the Davis-Bacon Act should become familiar with their new obligations.
We have summarized below some of the key provisions of…
Checkin’ It Twice: Things for Employers to Consider as We Celebrate the Season
The holiday season is in full swing, and what better way to celebrate the joyous season than with a festive soiree, right? In many cases, this is the first time in a couple of years that employees are getting together for an in-person gathering. Some employees may be ready to reconnect and cut loose. So,…
DOL Proposes a Roll Back of Trump-Era FLSA Independent Contractor Rule
Last week, the U.S. Department of Labor introduced a proposed rule to update its test for determining whether a worker is an employee under the Fair Labor Standards Act (the “FLSA”). If implemented, the proposed rule would likely make it more difficult for employers to classify workers as independent contractors.
The proposed new test would…
L&I Report Sets its Sights on Misclassified Construction Workers
A recent report from a Pennsylvania Department of Labor & Industry task force describes the economic impact of worker misclassification in Pennsylvania and makes several significant recommendations to the legislature. These recommendations, if implemented, could dramatically impact how some Pennsylvania employers manage their workforce, particularly those employers in the construction industry.
The report was issued…
NLRB’s General Counsel Issues Memo on Employee Status of Certain College Players
The General Counsel of the National Labor Relations Board (NLRB) issued a Guidance Memorandum last week establishing her position that certain players at academic institutions are employees as defined by National Labor Relations Act (NLRA). If collegiate athletes are protected as “employees” under the NLRA, then these athletes would have rights to organize and join…
Pennsylvania Supreme Court Widens the Gap Between PA and Federal Overtime Laws, Creating More Compliance Challenges for PA Employers
Last week, the Pennsylvania Supreme Court issued a decision that has broad implications for Pennsylvania employers. The Court’s decision in In Re: Amazon.com, Inc., which can be read here, established two important differences between Pennsylvania’s overtime law and the federal Fair Labor Standards Act (FLSA). These differences are likely to create significant potential…
SCOTUS Takes the Power Back: Strikes Down a California Rule Giving Union Organizers the Right to Access Employers’ Land
The U.S. Supreme Court declared unconstitutional a California regulation that required agriculture employers to give union organizers access to their premises. The Court held that by requiring employers to provide such access, the regulation amounted to an unconstitutional taking of private property in violation of the Fifth and Fourteenth Amendments to the U.S. Constitution.
Below,…
Pennsylvania Governor Announces Lifting of COVID-19 Restrictions: What it Does (and Does Not) Mean for Employers
Governor Wolf’s office announced on Tuesday that all COVID-19 mitigation orders will be lifted on Memorial Day, except for the mask mandate. While this is certainly welcome news, and another sign that the pandemic might be on its way out, it is not necessarily a free pass for employers to throw all caution to the…
DOL Issues New Regulations to Sharpen FLSA Employee/Independent Contractor Classifications: What Does it Mean and Will it Matter?
The U.S. Department of Labor (“DOL”) announced the issuance of a Final Rule to clarify the distinction between an employee and an independent contractor under the Fair Labor Standards Act (“FLSA”).
A worker’s classification under the FLSA determines their entitlement to minimum wage and overtime pay, and determines whether an employer is obligated to maintain…