Updates
A Glimmer of Hope for Employers Who Rely on Gig Workers: The DOL Will Not Enforce the 2024 Independent Contractor Rule
Positive news for employers: the Department of Labor (DOL) announced it will no longer enforce the 2024 Biden-era independent contractor final rule that aimed to reclassify gig workers as employees rather than independent contractors. The 2024 final rule revised the standard for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA), which was consistent with a broader effort by the Biden administration to ensure gig workers were afforded the same rights and protections as traditional employees.
An Employer's Legal Compliance Guide to Handling Employee Medical Information
Employers' access to, and retention of, employee medical information can be fraught with legal risk. Even the most seasoned HR professionals have trouble navigating the complex rules and regulations governing employee medical data and records, including restrictions on what medical information may be collected from employees, when it can be collected, and when it can be disclosed. This article highlights some of the key legal issues and best practices for employers developing policies and protocols governing employee medical information and documents.
Uptick in Proposed Legislation for School Choice Programs: Implications for Independent Schools and Private School Funding
A hallmark of the Trump administration's education policy agenda, school choice programs aim to provide public funds to families to cover education-related expenses, including for independent school tuition. In the wake of the administration's endorsement of school choice, state legislators are following suit: at least 114 bills have been introduced in 30 states this year that implement school choice programs or expand upon existing state school choice programs.
Attorney Spotlight
Jennifer Prozinski: When considering what types of medical and parental leave benefits to provide to employees, employers should ensure they also are considering, to the extent applicable, the federal Family and Medical Leave Act and/or any applicable state or local counterparts, state-funded disability and family leave benefits, and state-required paid sick leave. Employee policies addressing medical and parental leave benefits should indicate how employer-provided leave benefits coordinate with leave benefits to which employees are entitled under law. A clear explanation of the coordination of benefits is particularly important when multiple types of leave and benefits are implicated, such as employer-provided short-term disability benefits, state-funded leave benefits, employer-provided parental leave, and/or unpaid leave to which the employee is legally entitled.
In Case You Missed It
DOJ Launches Civil Rights Fraud Initiative, Tying Anti-Semitism and DEI Policies to False Claims Act Liability
On May 19, 2025, the U.S. Department of Justice (DOJ) announced that it had formed a "Civil Rights Fraud Initiative," co-led by DOJ's Civil Fraud Section and Civil Rights Division. The unit will use the False Claims Act (FCA) to pursue federal contractors and fund recipients "who defraud the United States by taking its money while knowingly violating civil rights laws."
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What legal issues are keeping you up at night?
We are continuing to monitor key trends and significant updates that affect employers across a wide variety of industries. We want to make sure we touch upon issues that are of concern to you. We invite you to take a moment and let us know what you would like to hear more about in this newsletter. Click below to email our team of attorneys.
About the Labor and Employment Group
The national, 40-person Labor and Employment team at Venable provides guidance and support across the full spectrum of workplace dynamics – helping employers control costs, avoid disputes, and defend themselves when litigation arises. As co-editors of this newsletter, Michael Volpe and Allison Gotfried invite you to share the content with your colleagues and reach out with any questions.