Tag Archives: DOL

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

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

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
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