On February 26, 2026, the Department of Labor, Wage and Hour Division issued a “Notice of Proposed Rulemaking,” revealing its intention to revoke the Biden-era definition of “independent contractor” and reinstate a 2021 rule, with a few modifications.
The Proposed Rule would modify the current standard used for identifying which workers are covered as “employees”…
Employers often run background checks as a regular part of the hiring process to evaluate candidates. However, in Pennsylvania, employers must consider their legal obligations under the Criminal History Record Information Act (“CHRIA”) when using an applicant’s criminal history in its hiring decisions. A recent court decision, Phath v. Central Transport LLC, made it…
With 2025 winding down and the holiday season upon us, many organizations are planning to celebrate another year in the books, boost employee morale, and foster workplace camaraderie. While holiday parties may feel like a break from work, it’s important to remember that company policies, including those against harassment and discrimination, still apply during these…
On June 24, 2024, a federal judge in Texas issued a nationwide injunction to block parts of the Department of Labor’s recent regulations updating Davis-Bacon prevailing wage requirements on federally funded construction projects. The preliminary injunction prevents the DOL from enforcing three provisions of the updated regulations while the litigation proceeds.
Although the preliminary injunction…
EEO-1 reports were due on June 4, 2024. If you have not yet filed your report, you should do so as soon as possible. The EEOC has provided a late filing deadline of July 9, 2024 to file your 2023 reports. After that date, the opportunity to file will be lost. Failure to file your…
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…
On August 31, 2023, the National Labor Relations Board issued a decision in Miller Plastic Products, Inc. that will make it easier for a single worker’s action to be considered “concerted” under the National Labor Relations Act. In a 3-1 decision, the Board overruled its 2019 decision in Alstate Maintenance, which had narrowed the…
On August 2, 2023, the National Labor Relations Board reversed precedent on the issue of work rules that proscribe employee personal conduct. In Stericycle, the Board reversed and remanded an ALJ’s decision that found the employer violated Section 8(a)(1) by maintaining work rules addressing personal conduct, conflict of interest, and confidentiality of harassment complaints.…
This post was co-authored by Christian M. Wolgemuth, an attorney in McNees’ Privacy & Data Security and Litigation practice groups.
In our rapidly evolving technological landscape, the use of artificial intelligence (AI) has become more prevalent, touching virtually every aspect of our lives. From smart assistants that streamline our tasks to advanced data analytics that…
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…
