On April 1, 2019, the U.S. Department of Labor released a Notice of Proposed Rulemaking (NPRM) on joint employment under the Fair Labor Standards Act (FLSA).
The Department is proposing to revise and clarify the responsibilities of employers and joint
Continue Reading U.S. Department of Labor Issues Notice of Proposed Rulemaking for Joint Employment
The U.S. Department of Labor (“DOL”) has finally announced its proposed new rule for overtime eligibility under the Fair Labor Standards Act. The DOL’s Thursday announcement proposes to increase the salary threshold to $35,308 per year, an increase from $455
Continue Reading New Overtime Rule (Again!)
The Wage and Hour Division of the U.S. Department of Labor (DOL) held public listening sessions on October 30, 2018 to gather views on the Part 541 white collar exemption regulations, the 2016 “Overtime Rule.” Sessions were held in Atlanta, GA, Seattle, WA, Kansas City, MO, Denver, CO, Providence, RI, and Washington DC. A review of the actual transcripts reveals that many different interests presented comments, including human resource professionals, small business, nonprofits, employees, employers, attorneys, and large businesses. Full renditions of the transcripts by city can be found here.
The DOL posed these questions for addressing at the Listening Sessions:
Continue Reading Key Takeaways from the Recent Overtime Rule Listening Sessions
On July 31, 2018, the Department of Justice (DOJ) and the Department of Labor (DOL) signed an agreement that sets guidelines for inter-agency collaboration to combat suspected employer non-compliance with immigration laws. The agencies have agreed to share resources, including records, and education and training where necessary, and refer cases to one another when an agency learns of employer non-compliance.
Continue Reading DOJ and DOL Combine Forces to Combat Employment Discrimination Against U.S. Workers
On January 5, 2018, the United States Department of Labor announced that, going forward, it would utilize the “primary beneficiary” test for determining whether interns are employees under the FLSA, consistent with recent rulings from appellate courts. Its updated Fact
Continue Reading Are Unpaid Interns Employees Under the FLSA?
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
Continue Reading Can the President Nullify the Affordable Care Act by Issuing Executive Orders?
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
Continue Reading Federal Judge in Texas Issues Final Ruling Striking Down New Overtime Rule
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
Continue Reading DOL Rolls Back Its 2016 FLSA Overtime Rule
As 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
Continue Reading Breaking: Department of Labor Withdraws Guidance on Joint Employment, Independent Contractors
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
Continue Reading FLSA “Tipping” Practices