Tipped Employee Protection Act

Department of Labor policies and regulations on independent contractors, joint employer, non-disparagement, overtime and tip credit. Wage/tip credit legislative proposals. Workforce development issues. Apprenticeships. Paid leave legislative proposals. H.R. 20/S. 567, Protecting the Right to Organize Act of 2023. SBA Economic Injury Disaster Loans (EIDLs) and Advance Grants. Pandemic risk insurance/business interruption insurance. Implementation of the Inflation Reduction Act of 2022, Pub. L. No. 117-169, fines and officer liability. H.R. 1612/S. 781, Tipped Employee Protection Act. Nomination of Julie Su to be Secretary of Labor. H.R. 2700/S. 1201, Employee Rights Act. FTC Non-Compete Clause Rulemaking. H.R. 3734, Essential Workers for Economic Advancement Act. S. 2488, Raise the Wage Act of 2023. H.J. Res. 98/S.J. Res. 49, Congressional Review Act Joint Resolution of Disapproval of the NLRB rule relating to "Standard for Determining Joint Employer Status." H.J. Res. 116/S.J. Res. 63, Congressional Review Act Joint Resolution of Disapproval of the Dept. of Labor rule relating to "Employee or Independent Contractor Classification under the Fair Labor Standards Act." H.R. 7367, Overtime Pay Flexibility Act. H.J. Res. 166/S.J. Res. 97, Congressional Review Act Joint Resolution of Disapproval of the Dept. of Labor rule relating to "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees." NLRB nominations.

Client expense: $880,000 · Firm income: Not reported

Government targets: Executive Office of the President (EOP), Federal Trade Commission (FTC), HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), SENATE, Small Business Administration (SBA), Treasury, Dept of

H.R. 17, Paycheck Fairness Act H.R. 20/S. 567, Richard L. Trumka Protecting the Right to Organize Act of 2023 H.R. 443, Enhancing Detection of Human Trafficking Act H.R. 1163/S. 1587, Protecting Taxpayers and Victims of Unemployment Fraud Act H.R. 1209/S. 537, Fair and Open Competition (FOCA) Act H.R. 2700/S. 1201, Employee Rights Act H.R. 2826/S. 1261, Save Local Business Act H.R. 3400, Small Businesses before Bureaucrats Act H.R. 5967, Unemployment Integrity Act of 2023 H.R. 6655, A Stronger Workforce for America Act H.R. 7367, Overtime Pay Flexibility Act H.R. 7784, Start Applying Labor Transparency (SALT) Act H.R. 8028/S. 4477 Second Chance Reauthorization Act of 2024 H.R. 8442, Worker Flexibility and Choice Act H.R. 8573, Union Members Right to Know Act S. 532, National Right-to-Work Act S. 781, Tipped Employee Protection Act S. 2624, Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2024 S. 4260, Warehouse Worker Protection Act H.J.Res. 98/S.J.Res. 49, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to Standard for Determining Joint Employer Status H.J.Res. 116/S.J.Res. 63, CRA Resolution to invalidate regulation on Employee or Independent Contractor Classification Under the Fair Labor Standards Act H.J.Res. 147, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Occupational Safety and Health Administration relating to "Worker Walkaround Representative Designation Process" Draft legislation titled Fiscal Year 2025 Labor, Health and Human Services, Education, and Related Agencies Appropriations Act Draft legislation titled Healthy Families Act Draft legislation titled Working Families Flexibility Act Re-nomination of Lauren McFerran to be the Chair of the National Labor Relations Board Nomination of Joshua Ditelberg to the National Labor Relations Board Proposed Rule, Office of Federal Procurement Policy; Federal Acquisition Regulation: Pay Equity and Transparency in Federal Contracting; FAR Case 2023-021; Docket No. FAR-2023-021; Sequence No.1, (89 Fed. Reg. 5,843-5,854, January 30, 2024) Proposed Rule implementing incentive-based compensation related to Proposed Rule, Office of the Comptroller of the Currency, Treasury (OCC); Board of Governors of the Federal Reserve System (Board); Federal Deposit Insurance Corporation (FDIC); Federal Housing Finance Agency (FHFA); National Credit Union Administration (NCUA); and U.S. Securities and Exchange Commission (SEC); Incentive-Based Compensation Arrangements (81 Fed. Reg. 37,670- 37,838, June 10, 2016) Labor Certification for Permanent Employment of Foreign Workers in the United States; Modernizing Schedule A To Include Consideration of Additional Occupations in Science, Technology, Engineering, and Mathematics (STEM) and Non-STEM Occupations (88 Fed. Reg. 88,290-88,295, December 21, 2023) Proposed rule on Joint Employer Status Under the Fair Labor Standards Act, (84 Fed. Reg. 14,043-14,061, April 9, 2019) Advance Notice of Proposed Rulemaking Concerning Heat Injury and Illness Prevention in Outdoor and Indoor Settings (86 Fed. Reg. 59,309-59,326, October 27, 2021) Proposed Amendments to Agriculture Acquisition Regulations (87 Fed. Reg. 9,005-9,021, February 17, 2022) Final Wage and Hour Division rulemaking defining classification of independent contractors and employees under FLSA; (89 Fed. Reg. 1,638-1,743, January 10, 2024) Final Wage and Hour Division rulemaking Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees; (89 Fed. Reg. 32,842-32,973, April 26, 2024) Final OSHA rulemaking on Worker Walkaround Representative Designation Process (89 Fed. Reg. 22,558-22,601, April 1, 2024) Various issues relating to unemployment insurance; paid leave including paid family and sick leave; reforms to the Fair Labor Standards Act (P.L. 75-178); independent contractors; debarment of federal contractors (blacklisting); Equal Employment Opportunity Commission (EEOC) conciliation regulation; rescission of the joint employer standard under the Fair Labor Standards Act (P.L. 75-718); Hart-Scott-Rodino (HSR) Act (P.L. 94-435) Form Amendments; priorities for reauthorization of the Workforce Innovation and Opportunity Act (P.L. 113-28); FTC's Multilateral Pharmaceutical Merger Taskforce; USMCA Labor Council; East Coast port labor negotiations; apprenticeships; proposed amendment to the U.S. Longshore and Harbor Workers Compensation Act (Longshore Act), relating to the establishment of statutory presumptions of coverage and compensability for illnesses; potential legislation on the minimum wage; legal and regulatory framework for evaluating mergers and acquisitions; corporate consolidation through serial acquisitions and roll-up strategies; contract terms and their relationship to competition, particularly relating to worker non-compete clauses and exclusive contracts; Federal Trade Commission issues: Freedom of Information Act Requests, Penalty Offense Authority, Zombie Voting, and overall direction of the Commission under Chair Lina Khan; restart notice and comment process on the proposed rulemaking for HSR filing process; filing complaints under the National Labor Relations Act; solicitation for Public Comments on Provisions of Franchise Agreements and Franchisor Business Practices; implementation of the Pregnant Workers Fairness Act (PWFA); implementation of the PUMP for Nursing Mothers (PUMP) Act; Executive Order 13999, Protecting Worker Health and Safety; Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors; Executive Order 14036, Promoting Competition in the American Economy; Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects; competition policy chapters in trade negotiations and associated agreements; appropriations for the Federal Trade Commission and Department of Justice; international concerns in the areas of antitrust, standards and investment; domestic and international antitrust policy; Federal Trade Commission (FTC) section 19/13b authority; Section 5 of the Federal Trade Commission Act; policies and practices related to the FTC expanding its authority; transparency at the FTC; efforts to modernize enforcement of the antitrust laws regarding mergers; efforts to ban noncompete clauses in employment contracts; proposals to rein in dominant digital platforms; Robinson-Patman related policy and enforcement matters; concerns related to negative option rulemaking; concerns related to junk fees rulemaking; concerns related to Protecting Americans Data from Foreign Adversaries Act; changes to the HSR merger filing rule; FTC proposed Magnuson-Moss rules; FTC UDAP related policy matters. pregnancy discrimination; oversight addressing the National Labor Relations Board, including implementation and oversight of the National Labor Relations Act (P.L. 74-198); election procedures under the Railway Labor Act (P.L. 69-257); National Labor Relations Board (NLRB) decisions and regulatory agenda; definition of labor organization under the Labor-Management Reporting and Disclosure Act (P.L. 86-257); employer work rules; joint employment; confidentiality and non-disparagement clauses in severance agreements; non-compete agreements; various rights under Section 7 of the National Labor Relations Act (P.L. 74-198); Second Chance Hiring and Reauthorization; National Labor Relations Act reform

Department of Labor policies and regulations on independent contractors, joint employer, non-disparagement, and tip credit. Wage/tip credit legislative proposals. Workforce development issues. Apprenticeships. Paid leave legislative proposals. H.R. 20/S. 567, Protecting the Right to Organize Act of 2023. SBA Economic Injury Disaster Loans (EIDLs) and Advance Grants. HIRE Act (draft legislation). Pandemic risk insurance/business interruption insurance. Implementation of the Inflation Reduction Act of 2022, Pub. L. No. 117-169, fines and officer liability. H.R. 1612/S. 781, Tipped Employee Protection Act. Nomination of Julie Su to be Secretary of Labor. Issues related to SERVSAFE Food Safety Program. H.R. 2700/S. 1201, Employee Rights Act. H.R. 2826/S. 1261, Save Local Business Act. FTC Non-Compete Clause Rulemaking. H.R. 3734, Essential Workers for Economic Advancement Act. DOL overtime and classification rule. S. 1664, Healthy Families Act. S. 728, Paycheck Fairness Act. Draft legislation on third-party delivery. S. 2488, Raise the Wage Act of 2023. S. 2785, Higher Wages for American Workers Act of 2023. H.J. Res. 98/S.J. Res. 49, Congressional Review Act Joint Resolution of Disapproval of the NLRB rule relating to "Standard for Determining Joint Employer Status." H.J. Res. 116/S.J. Res. 63, Congressional Review Act Joint Resolution of Disapproval of the Dept. of Labor rule relating to "Employee or Independent Contractor Classification under the Fair Labor Standards Act." H.R. 7367, Overtime Pay Flexibility Act. S. 3947, Thirty-Two Hour Workweek Act.

Client expense: $890,000 · Firm income: Not reported

H.R. 17, Paycheck Fairness Act H.R. 20/S. 567, Richard L. Trumka Protecting the Right to Organize Act of 2023 H.R. 443, Enhancing Detection of Human Trafficking Act H.R. 1163/S. 1587, Protecting Taxpayers and Victims of Unemployment Fraud Act H.R. 1209/S. 537, Fair and Open Competition (FOCA) Act H.R. 2700/S. 1201, Employee Rights Act H.R. 2826/S. 1261, Save Local Business Act H.R. 3400, Small Businesses before Bureaucrats Act H.R. 5967, Unemployment Integrity Act of 2023 H.R. 6655, A Stronger Workforce for America Act H.R. 7367, Overtime Pay Flexibility Act H.R. 7784, Start Applying Labor Transparency (SALT) Act H.R. 8442, Worker Flexibility and Choice Act S. 532, National Right-to-Work Act S. 781, Tipped Employee Protection Act S. 2624, Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2024 H.J. Res. 98/S.J. Res. 49, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to Standard for Determining Joint Employer Status H.J. Res. 116/S.J. Res. 63, CRA Resolution to invalidate regulation on Employee or Independent Contractor under the Fair Labor Standards Act Draft legislation titled Healthy Families Act Draft legislation titled Working Families Flexibility Act Interim final rule on Occupational Exposure to COVID-19; Emergency Temporary Standard (healthcare settings); finalization (86 Fed. Reg. 32,376-32,628, June 21, 2021) Advance Notice of Proposed Rulemaking Concerning Heat Injury and Illness Prevention in Outdoor and Indoor Settings (86 Fed. Reg. 59,309-59,326, October 27, 2021) Proposed Amendments to Agriculture Acquisition Regulations (87 Fed. Reg. 9,005-9,021, February 17, 2022) Proposed rule, Department of Labor; Employee or Independent Contractor Classification under the Fair Labor Standards Act (87 Fed. Reg. 62,218-62,275, October 13, 2022) Proposed rules regarding Wage and Hour Division rulemaking Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (88 Fed. Reg. 62,152-62,240, September 8, 2023) Proposed rule, Department of Labor; Worker Walkaround Representative Designation Process (88 Fed. Reg. 59,825- 59,834, August 30, 2023) Final rule regarding Representation-Case Procedures (88 Fed. Reg. 58,076-58,102, August 25, 2023) Proposed rule regarding Retirement Security Rule: Definition of an Investment Advice Fiduciary (88 Fed. Reg. 75,890-75,979, November 3, 2023) Various issues relating to unemployment insurance including modernization of the unemployment insurance system; paid leave including paid family and sick leave; reforms to the Fair Labor Standards Act (P.L. 75-178); independent contractors; debarment of federal contractors (blacklisting); Equal Employment Opportunity Commission (EEOC) conciliation regulation; rescission of the joint employer standard under the Fair Labor Standards Act (P.L. 75-718); Hart-Scott-Rodino (HSR) Act (P.L. 94-435) Form Amendments; priorities for reauthorization of the Workforce Innovation and Opportunity Act (P.L. 113-28); FTC's Multilateral Pharmaceutical Merger Taskforce; USMCA Labor Council; apprenticeships; proposed amendment to the U.S. Longshore and Harbor Workers Compensation Act (Longshore Act), relating to the establishment of statutory presumptions of coverage and compensability for illnesses; potential legislation on the minimum wage; legal and regulatory framework for evaluating mergers and acquisitions; contract terms and their relationship to competition, particularly relating to worker non-compete clauses and exclusive contracts; Federal Trade Commission issues: Freedom of Information Act Requests, Penalty Offense Authority, Zombie Voting, and overall direction of the Commission under Chair Lina Khan; anticipated overtime regulations under the Fair Labor Standards Act Office of Federal Contract Compliance Programs, Enforcement Directive (DIR) 2022-01; filing complaints under the National Labor Relations Act; solicitation for Public Comments on Provisions of Franchise Agreements and Franchisor Business Practices; Executive Order 13999, Protecting Worker Health and Safety; Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors; Executive Order 14036, Promoting Competition in the American Economy; Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects; unemployment insurance; competition policy chapters in trade negotiations and associated agreements; appropriations for the Federal Trade Commission and Department of Justice; international concerns in the areas of antitrust, standards and investment; domestic and international antitrust policy; Federal Trade Commission (FTC) section 19/13b authority; Section 5 of the Federal Trade Commission Act; policies and practices related to the FTC expanding its authority; transparency at the FTC; efforts to modernize enforcement of the antitrust laws regarding mergers; efforts to ban noncompete clauses in employment contracts; proposals to rein in dominant digital platforms; Robinson-Patman related policy and enforcement matters; changes to the HSR merger filing rule; FTC proposed Magnuson-Moss rules; FTC UDAP related policy matters. pregnancy discrimination; oversight addressing the National Labor Relations Board, including implementation and oversight of the National Labor Relations Act (P.L. 74-198); election procedures under the Railway Labor Act (P.L. 69-257); National Labor Relations Board (NLRB) decisions and regulatory agenda; definition of labor organization under the Labor Management Reporting and Disclosure Act (P.L. 86-257); employer work rules; joint employment; confidentiality and non-disparagement clauses in severance agreements; non-compete agreements; various rights under Section 7 of the National Labor Relations Act (P.L. 74-198); Second Chance Hiring and Reauthorization; National Labor Relations Act reform

Department of Labor policies and regulations on independent contractors, joint employer, non-disparagement, and tip credit. Wage/tip credit legislative proposals. Workforce development issues. Apprenticeships. Paid leave legislative proposals. H.R. 20/S. 567, Protecting the Right to Organize Act of 2023. SBA Economic Injury Disaster Loans (EIDLs) and Advance Grants. HIRE Act (draft legislation). Pandemic risk insurance/business interruption insurance. Implementation of the Inflation Reduction Act of 2022, Pub. L. No. 117-169, fines and officer liability. H.R. 1612/S. 781, Tipped Employee Protection Act. Senate HELP Committee processes on All Encompassing Investigative Authority. Nomination of Julie Su to be Secretary of Labor. Issues related to SERVSAFE Food Safety Program. H.R. 2700/S. 1201, Employee Rights Act. H.R. 2826/S. 1261, Save Local Business Act. FTC Non-Compete Clause Rulemaking. H.R. 3734, Essential Workers for Economic Advancement Act. DOL overtime and classification rule. S. 1664, Healthy Families Act. S. 728, Paycheck Fairness Act. Draft legislation on third-party delivery. S. 2488, Raise the Wage Act of 2023. S. 2785, Higher Wages for American Workers Act of 2023. H.J. Res. 98/S.J. Res. 49, Congressional Review Act Joint Resolution of Disapproval of the NLRB rule relating to "Standard for Determining Joint Employer Status." NLRB Joint-Employer Standard Final Rule.

Client expense: $870,000 · Firm income: Not reported

H.R. 17, Paycheck Fairness Act H.R. 20/S. 567, Richard L. Trumka Protecting the Right to Organize Act of 2023 H.R. 1163/S. 1587, Protecting Taxpayers and Victims of Unemployment Fraud Act H.R. 1209/S. 537, Fair and Open Competition (FOCA) Act H.R. 2700/S. 1201, Employee Rights Act H.R. 2826/S. 1261, Save Local Business Act H.R. 3400, Small Businesses before Bureaucrats Act H.R. 5274, Teenagers Earning Everyday Necessary Skills (TEENS) Act H.R. 5967, Unemployment Integrity Act of 2023 H.R. 6655, A Stronger Workforce for America Act H.R. 6585, Bipartisan Workforce Pell Act S. 532, National Right-to-Work Act S. 781, Tipped Employee Protection Act S. 2624, Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2024 H.J. Res. 98, Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the National Labor Relations Board relating to Standard for Determining Joint Employer Status Draft legislation titled Healthy Families Act Draft legislation titled Working Families Flexibility Act Potential legislation similar to H.R. 8442, Worker Flexibility and Choice Act Nomination of Amanda Wood Laihow as Commissioner of the Occupational Safety and Health Administration Nomination of Jessica Looman to be Administrator of the Wage and Hour Division Nomination of Julie Su to be the Secretary of Labor Proposed rule on Joint Employer Status Under the Fair Labor Standards Act, (84 Fed. Reg. 14,043-14,061, April 9, 2019) Interim final rule on Occupational Exposure to COVID-19; Emergency Temporary Standard (healthcare settings); finalization (86 Fed. Reg. 32,376-32,628, June 21, 2021) Advance Notice of Proposed Rulemaking Concerning Heat Injury and Illness Prevention in Outdoor and Indoor Settings (86 Fed. Reg. 59,309-59,326, October 27, 2021) Proposed Amendments to Agriculture Acquisition Regulations (87 Fed. Reg. 9,005-9,021, February 17, 2022) Proposed Rule, Department of Labor; Employee or Independent Contractor Classification under the Fair Labor Standards Act (87 Fed. Reg. 62,218-62,275, October 13, 2022) Proposed rules regarding Wage and Hour Division rulemaking Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (88 Fed. Reg. 62,152-62,240, September 8, 2023) Proposed Rule, Department of Labor; Worker Walkaround Representative Designation Process (88 Fed. Reg. 59,825- 59,834, August 30, 2023) Final rule regarding Representation-Case Procedures (88 Fed. Reg. 58,076-58,102, August 25, 2023) Proposed Rule, National Labor Relations Board; Representation-Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships (87 Fed. Reg. 66,890-66,933, November 4, 2022) Notice of Availability and Request for Comment, Equal Employment Opportunity Commission; Proposed Enforcement Guidance on Harassment in the Workplace (88 Fed. Reg. 67,750-67,751, October 2, 2023) Notice of Proposed Rulemaking, Wage and Hour Division, Department of Labor; Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (88 Fed. Reg. 62,152-62,240, September 8, 2023) Proposed rule regarding Equal Employment Opportunity Commission, regulations to implement the Pregnant Workers Fairness Act (88 Fed. Reg. 54,714-54,794, August 11, 2023) Proposed rule regarding Retirement Security Rule: Definition of an Investment Advice Fiduciary (88 Fed. Reg. 75,890-75,979, November 3, 2023) Various issues relating to unemployment insurance including modernization of the unemployment insurance system; paid leave including paid family and sick leave; reforms to the Fair Labor Standards Act (P.L. 75-178); independent contractors; debarment of federal contractors (blacklisting); Equal Employment Opportunity Commission (EEOC) conciliation regulation; rescission of the joint employer standard under the Fair Labor Standards Act (P.L. 75-718); Hart-Scott-Rodino (HSR) Act (P.L. 94-435) Form Amendments; Priorities for Reauthorization of the Workforce Innovation and Opportunity Act (P.L. 113-28); FTC's Multilateral Pharmaceutical Merger Taskforce; USMCA Labor Council; apprenticeships; proposed amendment to the U.S. Longshore and Harbor Workers Compensation Act (Longshore Act), relating to the establishment of statutory presumptions of coverage and compensability for illnesses; potential Wage and Hour Division rulemaking Defining and Delimiting the Exemptions under the Fair Labor Standards Act for Executive, Administrative, Professional, Outside Sales and Computer Employees; potential legislation on the minimum wage; legal and regulatory framework for evaluating mergers and acquisitions; contract terms and their relationship to competition, particularly relating to worker non-compete clauses and exclusive contracts; Federal Trade Commission issues: Freedom of Information Act Requests, Penalty Offense Authority, Zombie Voting, and overall direction of the Commission under Chair Lina Khan; anticipated overtime regulations under the Fair Labor Standards Act Office of Federal Contract Compliance Programs, Enforcement Directive (DIR) 2022-01; filing complaints under the National Labor Relations Act; solicitation for Public Comments on Provisions of Franchise Agreements and Franchisor Business Practices; labor negotiations, including West Coast port and dockworker negotiations, and those between the United Auto Workers and the Detroit Three; Executive Order 13999, Protecting Worker Health and Safety; Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors; Executive Order 14036, Promoting Competition in the American Economy; Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects; President Bidens Path Out of the Pandemic; COVID Action Plan; unemployment insurance; competition policy chapters in trade negotiations and associated agreements; appropriations for the Federal Trade Commission and Department of Justice; international concerns in the areas of antitrust, standards and investment; domestic and international antitrust policy; Federal Trade Commission (FTC) section 19/13b authority; Section 5 of the Federal Trade Commission Act; policies and practices related to the FTC expanding its authority; transparency at the FTC; efforts to modernize enforcement of the antitrust laws regarding mergers; efforts to ban noncompete clauses in employment contracts; proposals to rein in dominant digital platforms; Robinson-Patman related policy and enforcement matters; pregnancy discrimination; oversight addressing the National Labor Relations Board, including implementation and oversight of the National Labor Relations Act (P.L. 74-198); election procedures under the Railway Labor Act (P.L. 69-257); National Labor Relations Board (NLRB) decisions and regulatory agenda; definition of labor organization under the Labor Management Reporting and Disclosure Act (P.L. 86-257); employer work rules; joint employment; confidentiality and non-disparagement clauses in severance agreements; non-compete agreements; various rights under Section 7 of the National Labor Relations Act (P.L. 74-198); Second Chance Hiring and Reauthorization

Department of Labor policies and regulations on independent contractors, joint employer, non-disparagement, and tip credit. Wage/tip credit legislative proposals. Workforce development issues. Apprenticeships. Paid leave legislative proposals. H.R. 20/S. 567, Protecting the Right to Organize Act of 2023. SBA Economic Injury Disaster Loans (EIDLs) and Advance Grants. HIRE Act (draft legislation). Pandemic risk insurance/business interruption insurance. Implementation of the Inflation Reduction Act of 2022, Pub. L. No. 117-169, fines and officer liability. H.R. 1612/S. 781, Tipped Employee Protection Act. Senate HELP Committee processes on All Encompassing Investigative Authority. Nomination of Julie Su to be Secretary of Labor. SERVSAFE Food Safety Program. H.R. 2700/S. 1201, Employee Rights Act. H.R. 2826/S. 1261, Save Local Business Act. FTC Non-Compete Clause Rulemaking. H.R. 3734, Essential Workers for Economic Advancement Act. DOL overtime and classification rule. S. 1664, Healthy Families Act. S. 728, Paycheck Fairness Act. Draft legislation on third-party delivery. Nomination of Gwynne Wilcox to the National Labor Relations Board. S. 2488, Raise the Wage Act of 2023. S. 2785, Higher Wages for American Workers Act of 2023.

Client expense: $800,000 · Firm income: Not reported

H.R. 17, Paycheck Fairness Act H.R. 20/S. 567, Richard L. Trumka Protecting the Right to Organize Act of 2023 H.R. 1163/S. 1587, Protecting Taxpayers and Victims of Unemployment Fraud Act H.R. 1209/S. 537, Fair and Open Competition (FOCA) Act H.R. 2700/S. 1201, Employee Rights Act H.R. 2826/S. 1261, Save Local Business Act H.R. 5274, Teenagers Earning Everyday Necessary Skills (TEENS) Act S. 532, National Right-to-Work Act S. 781, Tipped Employee Protection Act S. 1073, Advertising Middlemen Endangering Rigorous Internet Competition Accountability Act (AMERICA) Act S. 1094, Journalism Competition and Preservation Act of 2023 S. 2624, Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2024 Draft legislation titled Healthy Families Act Draft legislation titled Unemployment Integrity Act Draft legislation titled Working Families Flexibility Act Potential legislation similar to H.R. 8442, Worker Flexibility and Choice Act Renomination of Gwynne Wilcox as a Member of the National Labor Relations Board Nomination of Jessica Looman to be Administrator of the Wage and Hour Division Nomination of Julie Su to be the Secretary of Labor Interim final rule on Occupational Exposure to COVID-19; Emergency Temporary Standard (healthcare settings); finalization (86 Fed. Reg. 32,376-32,628, June 21, 2021) Advance Notice of Proposed Rulemaking Concerning Heat Injury and Illness Prevention in Outdoor and Indoor Settings (86 Fed. Reg. 59,309-59,326, October 27, 2021) Proposed Rule, Department of Labor; Employee or Independent Contractor Classification under the Fair Labor Standards Act (87 Fed. Reg. 62,218-62,275, October 13, 2022) Proposed rules regarding Wage and Hour Division rulemaking Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees; (88 Fed. Reg. 62,152-62,240, September 8, 2023) Proposed Rule, Department of Labor; Worker Walkaround Representative Designation Process (88 Fed. Reg. 59,825- 59,834, August 30, 2023) Proposed Rule, Federal Trade Commission; Premerger Notification, Reporting and Waiting Period Requirements (88 Fed. Reg. 54,256-54,257, August 10, 2023) Various issues relating to unemployment insurance including modernization of the unemployment insurance system; paid leave including paid family and sick leave; reforms to the Fair Labor Standards Act (P.L. 75-178); independent contractors; debarment of federal contractors (blacklisting); Equal Employment Opportunity Commission (EEOC) conciliation regulation; rescission of the joint employer standard under the Fair Labor Standards Act (P.L. 75-718); FTC's Multilateral Pharmaceutical Merger Taskforce; USMCA Labor Council; apprenticeships; proposed amendment to the U.S. Longshore and Harbor Workers Compensation Act (Longshore Act), relating to the establishment of statutory presumptions of coverage and compensability for illnesses; potential Wage and Hour Division rulemaking defining and delimiting the exemptions under the Fair Labor Standards Act for Executive, Administrative, Professional, Outside Sales and Computer Employees; potential legislation on the minimum wage; legal and regulatory framework for evaluating mergers and acquisitions; contract terms and their relationship to competition, particularly relating to worker non-compete clauses and exclusive contracts; Federal Trade Commission issues: Freedom of Information Act Requests, Penalty Offense Authority, Zombie Voting, non-compete clauses, franchise agreements rulemaking, and overall direction of the Commission; anticipated overtime regulations under the Fair Labor Standards Act Office of Federal Contract Compliance Programs, Enforcement Directive (DIR) 2022-01; filing complaints under the National Labor Relations Act; solicitation for Public Comments on Provisions of Franchise Agreements and Franchisor Business Practices; labor negotiations, including West Coast port and dockworker negotiations, and those between the United Auto Workers and the Detroit Three; Executive Order 13999, Protecting Worker Health and Safety; Executive Order 14036, Promoting Competition in the American Economy; Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects; competition policy chapters in trade negotiations and associated agreements; appropriations for the Federal Trade Commission and Department of Justice; international concerns in the areas of antitrust, standards and investment; domestic and international antitrust policy; Federal Trade Commission (FTC) section 19/13b authority; Section 5 of the Federal Trade Commission Act; policies and practices related to the FTC expanding its authority; transparency at the FTC; efforts to modernize enforcement of the antitrust laws regarding mergers; efforts to ban noncompete clauses in employment contracts; proposals to rein in dominant digital platforms; Robinson-Patman related policy and enforcement matters; pregnancy discrimination; oversight addressing the National Labor Relations Board, including implementation and oversight of the National Labor Relations Act (P.L. 74-198); election procedures under the Railway Labor Act (P.L. 69-257); National Labor Relations Board (NLRB) decisions and regulatory agenda; definition of labor organization under the Labor Management Reporting and Disclosure Act (P.L. 86-257); employer work rules; joint employment; confidentiality and non-disparagement clauses in severance agreements; non-compete agreements; various rights under Section 7 of the National Labor Relations Act (P.L. 74-198)

Department of Labor policies and regulations on independent contractors, joint employer, non-disparagement, and tip credit. Wage/tip credit legislative proposals. Workforce development issues. Apprenticeships. Paid leave legislative proposals. H.R. 20/S. 567, Protecting the Right to Organize Act of 2023. SBA Economic Injury Disaster Loans (EIDLs) and Advance Grants. HIRE Act (draft legislation). Pandemic risk insurance/business interruption insurance. Implementation of the Inflation Reduction Act of 2022, Pub. L. No. 117-169, fines and officer liability. H.R. 1612/S. 781, Tipped Employee Protection Act. Senate HELP Committee processes on All Encompassing Investigative Authority. Nomination of Julie Su to be Secretary of Labor. SERVSAFE Food Safety Program. Teenagers Earning Everyday Necessary Skills (TEENS) Act (draft legislation). H.R. 2700/S. 1201, Employee Rights Act. H.R. 2826/S. 1261, Save Local Business Act. FTC Non-Compete Clause Rulemaking. H.R. 3734, Essential Workers for Economic Advancement Act. DOL overtime and classification rule. S. 1664, Healthy Families Act. S. 728, Paycheck Fairness Act.

Client expense: $810,000 · Firm income: Not reported

H.R. 17, Paycheck Fairness Act H.R. 20/S. 567, Richard L. Trumka Protecting the Right to Organize Act of 2023 H.R. 1163/S. 1587, Protecting Taxpayers and Victims of Unemployment Fraud Act H.R. 1209/S. 537, Fair and Open Competition (FOCA) Act H.R. 2700/S. 1201, Employee Rights Act H.R. 2826/S. 1261, Save Local Business Act H.R. 3745, Unemployment Trust Fund Accountability Act S. 532, National Right-to-Work Act S. 781, Tipped Employee Protection Act S. 1073, Advertising Middlemen Endangering Rigorous Internet Competition Accountability Act (AMERICA) Act S. 1094, Journalism Competition and Preservation Act of 2023 Draft legislation titled Teenagers Earning Everyday Necessary Skills (TEENS) Act Potential legislation to amend the Investment Advisers Act of 1940 and Employment Retirement Income Security Act of 1974 to specify pecuniary factors may not be subordinated to or limited by non-pecuniary factors Nomination of Jessica Looman to be Administrator of the Wage and Hour Division Renomination of Amanda Wood Laihow to be a commissioner on the Occupational Safety and Health Review Commission Interim final rule on Occupational Exposure to COVID-19; Emergency Temporary Standard (healthcare settings); finalization (86 Fed. Reg. 32,376-32,628, June 21, 2021) Proposed Rule, Department of Labor; Employee or Independent Contractor Classification under the Fair Labor Standards Act (87 Fed. Reg. 62,218-62,275, Oct. 13, 2022) Final Rule on Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights (87 Fed. Reg. 73,822-73,886, December 1, 2022) Notice of Proposed Rulemaking, Federal Trade Commission; Noncompete Clause Rule (88 Fed. Reg. 3,482-3,546, January 19, 2023) Various issues relating to modernization of the unemployment insurance system; paid leave including paid family and sick leave; reforms to the Fair Labor Standards Act (P.L. 75-178); independent contractors; debarment of federal contractors (blacklisting); Equal Employment Opportunity Commission (EEOC) conciliation regulation; rescission of the joint employer standard under the Fair Labor Standards Act (P.L. 75-718); The FTC's Multilateral Pharmaceutical Merger Taskforce; The USMCA Labor Council; apprenticeships; proposed amendment to the U.S. Longshore and Harbor Workers Compensation Act (Longshore Act), relating to the establishment of statutory presumptions of coverage and compensability for illnesses; potential Wage and Hour Division rulemaking defining and delimiting the exemptions under the Fair Labor Standards Act for Executive, Administrative, Professional, Outside Sales and Computer Employees; potential legislation on the minimum wage; legal and regulatory framework for evaluating mergers and acquisitions; contract terms and their relationship to competition, particularly relating to worker non-compete clauses and exclusive contracts; Federal Trade Commission issues: Freedom of Information Act Requests, Penalty Offense Authority, Zombie Voting, non-compete clauses, franchise agreements rulemaking, and overall direction of the Commission; filing complaints under the National Labor Relations Act; Solicitation for Public Comments on Provisions of Franchise Agreements and Franchisor Business Practices; Executive Order 13999, Protecting Worker Health and Safety; Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors; Executive Order 14036, Promoting Competition in the American Economy; Executive Order 14063, Use of Project Labor Agreements for Federal Construction Projects; unemployment insurance; competition policy chapters in trade negotiations and associated agreements; appropriations for the Federal Trade Commission and Department of Justice; international concerns in the areas of antitrust, standards and investment; domestic and international antitrust policy; Federal Trade Commission (FTC) section 19/13b authority; section 5 of the Federal Trade Commission Act; Policies and practices related to the FTC expanding its authority; Transparency at the FTC; efforts to modernize enforcement of the antitrust laws regarding mergers; efforts to ban noncompete clauses in employment contracts; proposals to rein in dominant digital platforms; Robinson-Patman related policy and enforcement matters; pregnancy discrimination; oversight addressing the National Labor Relations Board, including implementation and oversight of the National Labor Relations Act (P.L. 74-198); election procedures under the Railway Labor Act (P.L. 69-257); National Labor Relations Board (NLRB) decisions and regulatory agenda; definition of labor organization under the Labor Management Reporting and Disclosure Act (P.L. 86-257)

H-2A Worker Program FTC Non-compete Clause S. 781 - Tipped Employee Protection

Client expense: $20,000 · Firm income: Not reported

Government targets: Federal Trade Commission (FTC), HOUSE OF REPRESENTATIVES, SENATE

Department of Labor policies and regulations on independent contractors, joint employer, and tip credit. Wage/tip credit legislative proposals. Workforce development issues. Apprenticeships. Paid leave legislative proposals. H.R. 20/S. 567, Protecting the Right to Organize Act of 2023. SBA Economic Injury Disaster Loans (EIDLs) and Advance Grants. HIRE Act (draft legislation). Pandemic risk insurance/business interruption insurance. Implementation of the Inflation Reduction Act of 2022, Pub. L. No. 117-169, fines and officer liability. Joint Employer/Save Local Businesses Act (draft legislation). Employee Rights Act (draft legislation). S. 781, Tipped Employee Protection Act. Senate HELP Committee processes on All Encompassing Investigative Authority. Nomination of Julie Su to be Secretary of Labor. SERVSAFE Food Safety Program. Teenagers Earning Everyday Necessary Skills (TEENS) Act (draft legislation).

Client expense: $800,000 · Firm income: Not reported