Skip links

Category: Alerts


This morning, the U.S. Supreme Court issued its ruling in Sackett v. EPA. The decision was unanimous in determining the Sackett’s land should not have been covered under WOTUS, although the justices disagreed on exactly why. A 5-justice majority stated that, “Under these two background

NCA Alert: WOTUS Blocked in 24 States

Yesterday, a federal judge in North Dakota temporarily enjoined the Biden Administration’s Waters of the United States (WOTUS) rule from remaining in effect in 24 states. This latest decision comes after a judge in Texas prevented the rule from going into effect in Texas and

NCA Alert: Hospitality & Leisure Lead January Job Gains

The Department of Labor released its monthly jobs report this morning and announced that 517,000 jobs were filled in the month of January. Hospitality and Leisure led with 128,000 jobs. You can see the release from the Bureau of Labor Statistics here. Leisure and hospitality

NCA Alert: Final WOTUS Rule Released

This morning, the Environmental Protection Agency (EPA) released the final “Waters of the United States” (WOTUS) rule. NCA will be analyzing the final rule and providing additional information to members in the coming days. You can see the EPA announcement here. The EPA based the final

NCA Alert: Independent Contractor Rule Released

Earlier today, the Department of Labor released a version of a proposed regulation that changes the process for determining when a worker can be classified as an independent contractor or an employee under the Fair Labor Standards Act. The proposed rule will be published in the Federal Register on

NCA Alert: NLRB Proposes Changes to Joint Employer Rules

The National Labor Relations Board (NLRB) will publish a proposed rule today that will significantly expand the definition of a joint employer. The proposed rule appears to state that joint employer status could be found if an employer simply “possesses the authority to control (directly,

NCA Alert: EEOC: COVID Test Only When Necessary

In its first update to COVID-19 guidance since May 2021, the Equal Employment Opportunity Commission (EEOC) issued new guidance on Tuesday in the form of a Q&A stating that going forward employers will need to assess whether current pandemic circumstances and individual workplace circumstances justify