Citing Legal Challenges, Trump’s DOL to Overturn Biden-Era Independent Contractor Rule; Will Consider Next Steps for New Rule
The U.S. Department of Labor (DOL) announced through the Trump administration’s unified agenda its intention to rescind its own 2024 final rule, which provided an analysis for determining independent contractor status under the Fair Labor Standards Act (FLSA) (“2024 IC Rule”). Read More
Third Circuit: Absent Hacking, Violating Employer’s Computer-Use Policy Cannot Support a Claim Under the Computer Fraud and Abuse Act
On August 26, 2025, in NRA Group, LLC v. Durenleau et al., the U.S. Court of Appeals for the Third Circuit addressed an issue of first impression: whether violating an employer’s computer-use policy creates a claim under the Computer Fraud and Abuse Act (CFAA). The court also addressed whether passwords a defendant disclosed were trade secrets under state and federal law. Read More
Allegheny County, Pennsylvania Eyes Labor Regulation Via Executive Order
With the National Labor Relations Board (NLRB) still lacking the quorum necessary to issue decisions, local and state governments, now including Allegheny County, Pennsylvania, are continuing their attempts to fill the gap. On August 28, 2025, the Allegheny County Executive signed “Strengthening Worker Protections in Allegheny County,” an executive order directing the county manager to (among other things) establish a program for implementing two new county offices dedicated to investigating, protecting, and enforcing employee rights. While the order limits one office’s jurisdiction to policing Allegheny County employers, the other office contemplates policing private “small and medium-sized businesses” in the county. Read More
California Court of Appeal Rules on Who Is an “Exempt” Employee for Paid Sick Leave Rate-of-Pay Purposes
On August 4, 2025, in Hirdman v. Charter Communications, a Court of Appeal of California agreed with the trial court that outside salespeople qualify as “exempt” employees under California Labor Code section 246(l)(3) and, therefore, can be paid “in the same manner as the employer calculates wages for other forms of paid leave time” when they use paid leave under the Healthy Workplaces Healthy Families Act (HWHFA), California’s statewide paid sick and safe time law. Read More
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