Tag Archives: DOL

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

Ninth
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

“Accurate” Time Records Must Actually Be Accurate

Off-the-clock
Sometimes it is important to get back to basics and refresh our understanding of topics that are already well-known to human resources professionals.  In this season of confusion, particularly regarding the on-again/off-again Fair Labor Standards Act (FLSA) salary test, it is worthwhile to review the timekeeping records that employers are required to maintain with respect … Continue reading this entry

Court Takes Injunction on Salary Threshold Levels Under Advisement

Today, Judge Mazzant of the Eastern District of Texas Sherman Division heard arguments on an Emergency Motion for Preliminary Injunction regarding changes to the federal salaried exemption threshold, which, absent an injunction, become effective on December 1, 2016. During the hearing, which lasted over three hours, Judge Mazzant asked several questions that provide insight into … Continue reading this entry

Will the Jig Be Up for the Gig Economy?

Employers who rely heavily on independent contractors or temporary workers should take note: “Gig” economy companies are now a priority of the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC recently approved its Strategic Enforcement Plan (SEP) for fiscal years 2017 –2021, updating and identifying areas of priority for the agency. In particular, the EEOC … 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

Q&A on the FLSA’s Changes to Overtime Exemptions

Last month, we discussed the U.S. Department of Labor’s (DOL) recently published final rule making changes to the so-called “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA). We also presented a webinar on June 2, 2016, discussing the recent changes to the exemptions and how they may affect employers. As a quick … 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

Joint Employment Concerns Grow for Franchisors

Recent guidance issued by the Department of Labor ensures that, like 2015, joint employment will remain a hot topic for franchisors in 2016. Last year, the National Labor Relations Board (NLRB) captured the full attention of the franchise industry by “restating” the standard for finding joint employment in Browning-Ferris Industries of California, Inc., 362 N.L.R.B. … 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

It’s Not Just the DOL That Thinks You May Have More Employees

California Emloyers
Just last week, the DOL provided guidance about people treated as independent contractors, but who may really be your employees. That is just part of the trend. Another way you may have “extra” employees is through joint employment, most commonly through use of a staffing agency. A recent case from South Carolina illustrates the point. The … Continue reading this entry

DOL Issues Proposed Changes to Threshold of Salary Basis Test - $970/week from $455/week

Today, the U.S. Department of Labor issued proposed revisions to the minimum salary level that an employer must pay for an employee to be considered exempt under the Fair Labor Standards Act (FLSA). These long awaited revisions would, according to DOL estimates, increase overtime eligibility for approximately 4.6 million employees who are currently classified as exempt. Under … Continue reading this entry

Another Day, Another Rule for Federal Contractors

Discrimination
As we previously noted, federal contractors have been besieged in recent months with regulatory changes and enforcement initiatives advanced by the Office of Federal Contract Compliance Programs (“OFCCP”) and various divisions within the Department of Labor (“DOL”). The holiday season has not offered any relief, as the DOL recently announced its final rule implementing Executive Order … Continue reading this entry

Don’t be like Donald Sterling: Pay Your Interns

The Donald Sterling saga continues to teach employers—by way of bad example—important lessons for managing employees. While Sterling’s racist comments and desperate attempts to retain ownership of the L.A. Clippers continue to grab headlines, employers who hire unpaid interns may be facing a lawsuit similar to a less publicized lawsuit filed yesterday against the beleaguered … Continue reading this entry

Automatic Tipping: Impact of IRS Rules Change on the Hospitality Industry

By Jessica Glatzer Mason and Tax Partner Michael J. Donohue In 2014, restaurants and other employers in the hospitality industry will be subject to new IRS reporting and withholding rules relating to automatic tips charged to large groups of patrons. Background. Employees are required to report cash “tips” of $20 or more to their employer … Continue reading this entry

Avoid Investigations Through Labor Law Compliance

The U.S. Department of Labor Wage and Hour Division has set its aim – with ample ammunition – on the restaurant industry. Focusing on overtime, minimum wage and record-keeping violations, the enforcement initiative has recovered millions of dollars in back wages and penalties from restaurants throughout the country. In a stated effort to protect the … Continue reading this entry

DOL Wage and Hour App

The U.S. Department of Labor announced the launch of its first application for smartphones, a timesheet to help employees independently track the hours they work and determine the wages they are owed. Available in English and Spanish, users conveniently can track regular work hours, break time and any overtime hours for one or more employers. … Continue reading this entry