Labor Days

News and analysis from Kelley Drye’s labor and employment practice

DOL Signals Abandonment of Current Independent Contractor Rule

No one should be surprised that the independent contractor pendulum—which swings towards making that classification harder in Democratic administrations and easier in Republican ones—is now tilting towards making it…

Four More Years? Examining the Push for Extended Non-Competes in Florida

Following lobbying efforts by the now Miami-based hedge fund Citadel, Florida governor Ron DeSantis is poised to sign into law a new bill allowing non-compete clauses to extend up to four years for certain employees.…

No Individual Claim, No Problem? The California Supreme Court Takes on Circuit Split on Headless PAGA Claims

The Private Attorneys General Act of 2004 (PAGA) grants private individuals the authority to sue on behalf of the state of California for employer violations of the California Labor Code. The primary purpose of PAGA is…

Trump Targets a Major Legal Theory of Discrimination

We all know what “intentional” discrimination means. But what about facially non-discriminatory policies or practices that have a discriminatory effect ? The U.S. Supreme Court invented a then-novel, and still somewhat…

New DEI Executive Order Signals New Potential Enforcement of The False Claims Act

President Trump recently issued Executive Order 14173 titled “ Ending Illegal Discrimination and Restoring Merit-Based Opportunity ” (“Order”). The Order broadly aims to eliminate diversity, equity, and inclusion…