Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Five Key Federal Employment Law Developments from 2017

Author: Scarinci Hollenbeck, LLC

Date: February 9, 2018

Key Contacts

Back

While Many Federal Employment Law Developments From Last Year Decreased the Compliance Burdens on New York and New Jersey Employers, They Have Also Resulted in Some Regulatory Uncertainty

The regulatory landscape has changed dramatically under President Donald Trump. For employers, 2017 was a year of big changes. While many federal employment law developments decreased the compliance burdens on New York and New Jersey employers, they have also resulted in some regulatory uncertainty.

Five Key Federal Employment Law Developments from 2017
Photo courtesy of Vladimir Kudinov (Unsplash.com)

Below is a brief summary of the key labor law decisions, policy changes and regulations of the past year:

(1) Expanded Reporting Requirements of EEO-1 Form: In September, the Office of Management and Budget (OMB) issued a memorandum indefinitely staying the expanded reporting requirements of the new EEO-1 form. Given the burdens associated with enhanced data collection, the announcement is great news for employers. Despite the stay, gender pay equity will remain a priority for the EEOC heading into 2018. The decision to stay the EEO-1 reporting requirements will also likely have no impact on state-level efforts to address the use of salary history and increase pay transparency.

(2) Increased ICE Workplace Investigations: The Trump Administration has made illegal immigration a top priority. In November, the U.S. Immigration and Customs Enforcement (ICE) announced plans to increase worksite inspections by “four to five” times the current levels. Given that minor Form I-9 violations can lead to costly fines, all employers would be well advised to have their documents in order should ICE come knocking.

(3) Transgender Discrimination under Title VII: The Department of Justice (DOJ) announced a new policy regarding gender identity discrimination in 2017. According to Attorney General Jeff Sessions, “Title VII prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status.” Notably, the DOJ’s position contradicts the position adopted by the Equal Employment Opportunity Commission (EEOC) and is at odds with several federal court decisions.

(4) Joint Employment: The Department of Labor (DOL) rescinded its 2016 guidance for determining when companies are “joint employers.” Under the Obama Administration, the DOL had advised that joint employment should be construed broadly for the purposes of the Fair Labor Standards Act and Seasonal Agricultural Worker Protection Act. While the DOL’s decision to the rescind the guidance does not erase the risk for liability, it does suggest that the agency will likely devote the majority of its attention to the most flagrant violations.

(5) Worker Misclassification: The DOL also rescinded prior guidance on the misclassification of employees as independent contractors. In July 2015, the DOL published guidance that broadly concluded that “most workers are employees under the FLSA’s broad definitions.” While the DOL’s policy shift is good news, employers should expect that state regulators and private litigants will continue to bring actions in this area.

What Can Employers Expect in 2018?

Additional changes in federal employment law are likely on the horizon. After the Obama Administration’s overtime rule was struck down, the DOL has announced that it plans to craft new overtime standards. The agency has also proposed rules to roll back the existing prohibition against tip pooling.

To stay on top of the latest developments, we encourage New York and New Jersey employers to regularly visit our website and contact one of our experienced employment attorneys with any questions about how new and proposed changes could impact your operations.

Do you have any questions? Would you like to discuss the matter further? If so, please contact me, Sean Dias, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know post image

One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know"
One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know post image

One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know"
New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business post image

New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]

Author: Dan Brecher

Link to post with title - "New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business"
How to Reduce Legal Risk as Your New Jersey Business Grows in 2026 post image

How to Reduce Legal Risk as Your New Jersey Business Grows in 2026

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]

Author: Ken Hollenbeck

Link to post with title - "How to Reduce Legal Risk as Your New Jersey Business Grows in 2026"
Crypto Investor Protection: SEC and CFTC Enforcement Trends post image

Crypto Investor Protection: SEC and CFTC Enforcement Trends

Crypto investor protection continues to evolve, with the SEC and CFTC investing resources and coordinating more closely to uphold regulatory standards. Whether you’re a retail investor, an institutional trader, or part of a crypto startup, understanding enforcement trends is essential for navigating this dynamic and high-stakes regulatory environment. Crypto Is No Longer the Wild West […]

Author: Dan Brecher

Link to post with title - "Crypto Investor Protection: SEC and CFTC Enforcement Trends"
New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters post image

New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters

A Settled Regulatory Environment Enables Confident Capital Planning New Jersey’s new manufacturing incentive program, Next New Jersey Manufacturing Program,  enters 2026 with something uncommon in economic development these days: policy stability. The statute is enacted, New Jersey Economic Development Authority’s (“NJEDA”) rules are adopted, and the application portal is open. With the election outcome settled, […]

Author: Michael J. Sheppeard

Link to post with title - "New Jersey’s Next Manufacturing Tax Credit: Stability Secured, Timing Matters"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!