Tag Archives: Department of Labor

What Ever Happened to the Department of Labor’s New Overtime Rule?

Overtime
As our readers may recall, last year we devoted a good amount of time addressing the Department of Labor’s (DOL) final rule on overtime exemptions. Under that rule, which was supposed to go into effect on December 1, 2016, the minimum salary required to be exempt from overtime requirements under the certain Fair Labor Standards … Continue reading this entry

Trump Department of Labor Continues to Chip Away at Obama Wage & Hour Efforts - WHD Interpretive Guidance on Joint Employer and Independent Contractors Withdrawn

Wage & Hour
On Wednesday, June 7th, the U.S. Department of Labor (DOL) withdrew two highly provocative interpretive guidance letters issued under President Obama’s administration. The two letters, issued by the Wage & Hour Division (WHD) Administrator, sought to limit instances of misclassification of workers, and expand the instances where a business might be considered a joint employer … Continue reading this entry

Uncle Sam Wants You! (to Provide Employee Compensation Data)

harassment
A new lawsuit filed by the U.S. Department of Labor (DOL) demonstrates how dogged the government can be in trying to obtain and review employers’ compensation data. The lawsuit, filed against Google with the DOL’s Office of Administrative Law Judges, alleges that Google failed to comply with its obligations to provide compensation data to the … Continue reading this entry

Federal Minimum Salary Drama? New York Says Fuhgettaboutit!

Wage and Hour
As if the start-again, stop-again saga with the U.S. Department of Labor’s rules increasing the minimum salary threshold for exempt workers wasn’t confusing enough, at least one state has jumped into the fray and changed its own overtime rules — New York. Effective December 31, 2016, the New York Department of Labor amended its minimum … Continue reading this entry

2016: They Say all Politics is Local: Now Employment Law is Too

Paid Family Leave
The end of 2016 is a good time to review and consider a subtle shift in employment law which appears to be gaining momentum. The shift, which may be imperceptible at first, could prove to have lasting impact on employers, especially those who operate in multiple cities and states, and can easily be described as … Continue reading this entry

The Revised Persuader Rule — An Obituary

EEOC Developments
The “Persuader Rule” — Brief Background After several years of review and public comment, on March 24, 2016, the U.S. Department of Labor (DOL) issued its new interpretation of the so-called “Persuader Rule.” The new interpretation changed more than 50 years of DOL policy under which employers and consultants had no duty to report “persuasive … Continue reading this entry

The Fluctuating Workweek Approach to Compensation – It Could Save You Money!

With the new, increased salary requirements set to take effect later this year for exempt employees, many employers are asking how they might reduce their overtime obligations. One possible approach is the fluctuating workweek method of compensation. However, prior to implementing such an approach, employers would be wise to seek guidance from counsel because the … Continue reading this entry

Moving Away From The “Mad Men” Era: The OFCCP Updates Its Sex Discrimination Guidelines

For the first time since 1970, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is updating its sex discrimination guidelines for federal contractors. These updates, announced last week, will become effective on August 15, 2016. Most companies subject to the OFFCP’s oversight – including businesses that perform work for the federal government … Continue reading this entry

DOL’s Increased Salary Test: What Employers Need to Know

For months, employers have been anxiously awaiting the Department of Labor’s (DOL’s) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA) and wondering whether the DOL would pass the rule as previously proposed or make modifications to its June 2015 proposed rule. Now the wait is finally over and, as anticipated, … Continue reading this entry

Everyone Keeps Focusing On Independent Contractors, So We Will Too…

Employer
If it looks like “Independent Contractor vs. Employee Week” on Labor & Employment Law Perspectives, that may be a function of the fact that misclassification of employees as independent contractors has been a hot topic for some time and shows no signs of cooling down. There is a focus on the topic by the U.S. … Continue reading this entry

Government Outlines Key Labor and Employment Initiatives

Representatives of the Equal Employment Opportunity Commission (EEOC), as well as the Department of Labor and the Department of Justice (DOJ), participated in an American Bar Association Equal Opportunity Law conference in Austin, Texas, this month. During that conference, EEOC representatives, including three of the commissioners and general counsel David Lopez, addressed a number of … Continue reading this entry

New DOL “Persuader” Rule Stimulates Exaggerated Persuader Activities by Proponents and Opposition

We will try to keep this straightforward and polemic free. We will try. The last time there were any significant changes to the National Labor Relations Act was in 1959, when Congress passed the Landrum-Griffin bill which, among other “reforms,” imposed new reporting and disclosure obligations on unions, management, and “labor relations consultants.” One of … Continue reading this entry

More On The New Rules For White-Collar Exemptions: Strategies To Consider

EEOC
Last week, we highlighted the Department of Labor’s (DOL) new proposed amendments to the “white-collar” exemption regulations. As the proposed rules move closer to becoming final this summer, with an effective date 60 days later, we take the opportunity to explain further what these new regulations will mean for employers. As we suggest in greater … Continue reading this entry

Coming Soon to a Federal Contractor Near You: Paid Sick Leave

California Emloyers
On Labor Day, September 7, 2015, President Obama signed Executive Order 13706 – Establishing Paid Sick Leave for Federal Contractors. The Executive Order requires that certain federal contractors and subcontractors (the same ones subject to the increased minimum wage requirements that became effective last year), provide 1 hour of paid sick leave for every 30 … Continue reading this entry

Is Final Rule on White Collar Exemptions a Hidden Opportunity for Employers?

Employer
It is no secret that last summer the Department of Labor (DOL) proposed substantial amendments to the white collar exemption regulations. Namely, the DOL proposed raising the minimum salary threshold from $23,660 to $50,440 and to automatically increase the salary threshold on an annual basis based on inflation or other factors. Well, the amended rules … Continue reading this entry

Time To Stop And Actually Look At Your Bulletin Boards

Employer
When was the last time you stopped and looked – really, truly looked – at all of the workplace posters on your company’s bulletin boards? Many employers take the Ron Popeil philosophy of workplace posters and “set it, and forget it.” But failing to keep your workplace posters up to date can lead to unnecessary … Continue reading this entry

DOL Asserts “As Broad as Possible” Joint Employer Standard for Wage and Hour Enforcement

In new guidance issued on January 20, the Department of Labor (DOL) has aggressively interpreted its authority “as broad as possible” to hold employers responsible for wage and hour violations committed by separate “joint employers.” This guidance, issued by David Weil, the administrator of DOL’s Wage and Hour Division, makes clear those businesses sharing employees … Continue reading this entry

Tell Me How Much My Coworkers Make… Or I’ll Sue You

Employer
The Office of Federal Contract Compliance Programs (OFCCP) – an agency of the Department of Labor – has enacted a rule requiring federal contractors and subcontractors to disclose information regarding pay practices and compensation to any inquiring employee or applicant. The rule does not require employers to directly inform individuals about pay practices or data, … Continue reading this entry

Happy New Year! What Will Employment Compliance Require in 2016?

Employer
They say the future tends to repeat the past. When it comes to employment compliance, this may be especially true. With the exception of the laws and regulations applicable to federal contractors, not much changed on the federal employment law landscape (except by some case decisions). Rather, most of the changes with respect to workplace … Continue reading this entry

The Lessons (and Wisdom) of Rihanna

Joint Employer
Everyone these days seems to think they are entitled to more money, from the United States Department of Labor (DOL) claiming that there really are no independent contractors to the thousands of United Automobile Workers (UAW) members who recently rejected a tentative agreement with Fiat Chrysler Automobiles because union membership claimed the agreement did not … Continue reading this entry

DOL Fires Across the Bow of Businesses Underway With Independent Contractor Manpower

California Emloyers
Employee classification issues have been a recurrent topic of ours, and with all the class action litigation arising from independent contractor and other classifications, we have had no shortage of opportunities to remind companies of the potential risks inherent in other-than-employee classifications. But just in case anyone in the business community has not heeded these warnings, … Continue reading this entry

New FMLA Forms Are Here Just in Time for Summer!

You can sleep a little easier tonight — you no longer have to worry about using expired Family and Medical Leave Act of 1993 (FMLA) forms. On May 27, 2015, the United States Department of Labor (DOL) quietly updated its FMLA forms with a new expiration date of May 31, 2018. In addition to the … Continue reading this entry

Breaking Up Is Still So Hard to Do: DOL Clarifies H-1B Bona Fide Termination Rule

Employers must navigate through a maze of complex regulations when seeking H-1B temporary authorization to hire foreign nationals in specialty occupations. Yet, as hard as it is to hire H-1B employees, it can be even more difficult and costly to fire those employees unless special procedures are followed. For years the United States Department of … Continue reading this entry

As the Late, Great Joan Rivers Would Say, “Can We Talk” (About Our Salaries)? The Answer May Soon Be “Yes”

Employees of federal contractors, who previously have dwelled silently – and often unknowingly – in the gender and race pay chasm, may soon have a new tool to help them build a bridge across the gap. On September 15, 2014, the United States Department of Labor’s (DOL) Office of Federal Contract Compliance Programs announced a … Continue reading this entry