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Obama Moves Out On The Union Front

Client Alert | 1 min read | 02.03.09

On January 30, 2008, President Obama issued three executive orders aimed at government contractors: (1) rescinds E.O. 13201, which required contractor to post a notice of employees' right to refuse to join a union, and substitutes a notice of rights to organize under the National Labor Relations Act; (2) deems unallowable contractor costs to persuade employees to exercise or not exercise their right to organize and bargain collectively; and (3) requires successor contractors to provide a right of first refusal for service employees (as defined by the Service Contract Act) of a predecessor contractor for the same or similar services at the same location. All three executive orders will require regulations to be issued before they become effective and are more fully described in the following link: Obama Administration Issues Pro-Union Executive Orders.

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Client Alert | 4 min read | 03.05.26

DOL’s Proposed Independent Contractor Rule Reverts to Prioritize Two Core Factors – Likely Limiting Misclassification Claims by Contractors

The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation....