Archives: Department of Labor

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Can the President Nullify the Affordable Care Act by Issuing Executive Orders?

President Trump issued an Executive Order yesterday which purports to suggest three avenues for offering health insurance at a decreased cost to small employers and consumers for the overall goal of reducing healthcare costs on the grounds that the Affordable Care Act (ACA) has limited consumer choice resulting in an increase in healthcare insurance cost. … Continue Reading

Federal Judge in Texas Issues Final Ruling Striking Down New Overtime Rule

By now, employers are certainly well aware that on November 22, 2016, a federal judge in Texas issued a preliminary injunction that effectively prevented the implementation and enforcement of the new Department of Labor (“DOL”) regulations regarding the exemptions from overtime for bona fide executive, administrative, or professional (“EAP”) employees. See Nevada, et. al. v. … Continue Reading

USCIS Releases Updated I-9 Employment Eligibility Verification Form

Last month, the U.S. Citizenship and Immigration Services published a new version of the I-9 Employment Eligibility Verification Form. The Form I-9 is used by employers to verify the identity and employment authorization of all new hires. The new version of the Form I-9 is identified by a revision date of 07/17/17N and must be … Continue Reading

DOL Rolls Back Its 2016 FLSA Overtime Rule

Picture of overtime pay document with pin and glasses.Today, July 26, 2017, the Department of Labor issued a Request for Information seeking notice and comment from the public before issuing revised proposed regulations regarding the minimum salary level required to meet the executive, administrative, and salary level exemption from the overtime requirement. As discussed in previous blogs, the DOL issued regulations last year … Continue Reading

Breaking: Department of Labor Withdraws Guidance on Joint Employment, Independent Contractors

US Department of LaborAs this blog previously covered here and here, the United States Department of Labor under President Obama cracked down on misclassification of workers as independent contractors and broadly interpreted who was considered a “joint employer.” Today, new U.S. Secretary of Labor Alexander Acosta announced that the DOL would withdraw its previously-issued guidance from 2015 and 2016 … Continue Reading

Overtime Rule Blocked: Now What?

Late Tuesday, November 22nd, a federal judge issued an order that effectively pauses the new “overtime rules” that had been scheduled to take effect December 1, 2016. The ruling enjoins the Department of Labor from implementing or enforcing the new “overtime rules” on a nationwide basis “pending further order” of the court. It is important to … Continue Reading

It’s Here: Final Rule on Overtime Announced Today

After much anticipation (as discussed previously on our blog here), the final rule regarding the salary threshold for exempt executive, administrative, professional and outside sales and computer employees under the Fair Labor Standards Act was announced today.  The good news is that the rule does not go into effect until December 1, 2016, so employers … Continue Reading

Federal Government Announces Plan to Collect Pay Data from Large Employers

The White House, Equal Employment Opportunity Commission (“EEOC”), and Department of Labor (“DOL”) announced Friday, January 29, a new plan to address payment discrimination against women and minorities. Under the proposed plan, the federal government intends to collect pay data from employers with over one hundred employees. The EEOC will collect the data by revising the … Continue Reading

Department of Labor Delays New Overtime Rules

While employers continue to prepare for the Department of Labor’s proposed new overtime rules, the DOL’s Solicitor of Labor recently announced that the final regulations will not appear until “late in 2016.” While this gives employers more time to consider how they will handle the changes to the overtime rules, it could also mean a … Continue Reading

You May Be a Joint Employer of Workers from a Temp Agency

In a recent opinion, the Fourth Circuit has definitively stated that its jurisdiction, which includes South Carolina, recognizes the “joint employer doctrine” in determining liability in Title VII employment discrimination disputes.  This means that multiple entities may be considered employers at the same time for purposes of Title VII.  (See Butler v. Drive Automotive Industries of … Continue Reading

FLSA “Tipping” Practices

The plethora of litigation against restaurants for alleged improper tip practices continues.  Follow this link to see new litigation brought against a restaurant for requiring tipped employees to perform non-tipped work. If a restaurant takes a tip credit, those employees who are paid pursuant to the tip credit cannot perform non-tipped work more than 20% … Continue Reading

Are You Misclassifying Independent Contractors in Your Work Force?: The Department of Labor Says You Probably Are

New guidance released July 15, 2015, from the Department of Labor (DOL) narrows independent contractor classification so that “most workers are employees under the FLSA.” The DOL’s guidance makes it clear that the amount of control an employer has over a worker is not as important in properly classifying the worker. Instead, the DOL details … Continue Reading