Expert Analysis

• Proposed DOL Rule Could Simplify Contractor Classification

  

  If the U.S. Department of Labor's recently proposed rule governing employee versus independent contractor classification is finalized, it would permit energy sector employers to evaluate the nature of the working relationship with a more straightforward and predictable analysis than the 2024 rule's unweighted test, say attorneys at Bracewell.

• How DOL Rule Would Preserve App-Based Contractor Work

  

  The U.S. Department of Labor's proposed 2026 independent contractor rule reinforces the centrality of worker autonomy and entrepreneurial opportunity that characterize many app-based arrangements, and returns to a framework that may offer increased predictability for platforms and workers alike, say attorneys at Gibson Dunn.

• What Employers Should Know About Calif. PAGA Proposal

  

  Recently proposed regulations concerning the Private Attorneys General Act evidence an intent by California's Labor and Workforce Development Agency to play a greater role in the prosecution of PAGA actions, including more oversight over the exhaustion notices and settlement process, say attorneys at Paul Hastings.

• 11th Circ. Ruling Offers Guidance On Compensable Work Time

  

  In Villarino v. Pacesetter Personnel Service, the Eleventh Circuit recently ruled that commuting does not become compensable simply because an employer offers transportation, emphasizing that courts will examine whether employees retain meaningful choice and how policies operate, says Lauren Swanson at Hinshaw.

• Flashpoints In Focus: Limiting Risk In Workplace Holidays

  

  As holidays and other observances increasingly become lightning rods of division, employers can chart an inclusive way forward by reviewing the relevant legal framework, and examining the company's policies, values and business needs, say attorneys at Seyfarth.

• Ambiguity Remains On Anti-DEI Grant Conditions

  

  Although a recent decision in City of Chicago and City of Saint Paul v. U.S. Department of Justice temporarily halts enforcement of anti-DEI conditions in federal grant applications, and echoes recent decisions in similar cases, companies remain at risk until the term “illegal DEI” is clarified, say attorneys at Moore & Van Allen.

• Class Actions At The Circuit Courts: January Lessons

  

  In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.

• What A Calif. Mileage Tax Would Mean For Employers

  

  California is considering implementing a mileage tax that would likely trigger existing state laws requiring employers to reimburse employees for work-related driving, creating a new mandatory business expense with significant bottom-line implications for employers, says Eric Fox at Ogletree.

• What To Know About DOL's New FLSA, FMLA Opinion Letters

  

  The U.S. Department of Labor kicked off 2026 by releasing several opinion letters addressing employee classification, incentive bonuses and intermittent leave, reminding employers that common practices can create significant risk if they are handled inconsistently or without careful documentation, say attorneys at Woods Rogers.

• 5 Action Steps For Employers Facing 27 Pay Periods In 2026

  

  In 2026, some employers may have 27 pay periods, instead of the usual 26, which can cause budgeting and compliance headaches, particularly for salaried employees, but there is still time to develop a strategy to avoid payroll compliance problems, say attorneys at Fisher Phillips.

• How Mamdani Will Shift NYC Employment Law Enforcement

  

  Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.

• Examining Privilege In Dual-Purpose Workplace Investigations

  

  The Sixth Circuit's recent holding in FirstEnergy's bribery probe ruling that attorney-client privilege applied to a dual-purpose workplace investigation because its primary purpose was obtaining legal advice highlights the uncertainty companies face as federal circuit courts remain split on the appropriate test, say attorneys at Proskauer.

• 3 Defense Strategies For Sporadically Prosecuted Conduct

  

  Not to be confused with selective prosecutions, sporadic prosecutions — charging someone for conduct many others do without consequences — can be challenging to defend, but focusing on materiality, prosecutorial motivations and public opinion can be a winning strategy, says Jonathan Porter at Husch Blackwell.