Alfred B. Robinson, Jr.

Alfred B. Robinson, Jr.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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The Obama Administration’s Proposed “Labor Violation” Reporting Duties Present Challenges for Federal Contractors

President Obama’s July 2014 Fair Pay and Safe Workplaces Executive Order 13673 mandates that federal contracting agencies collect information concerning a potential prime contractor’s 3-year violation history with respect to...more

6/29/2015 - Barack Obama Data Collection DOL Fair Pay and Safe Workplaces FAR Federal Contractors Federal Procurement Systems New Guidance Prime Contractor

Contractor Blacklisting: Sweeping “Labor Violation” Reporting Duties in the Proposed “Fair Pay and Safe Workplaces” Guidance and...

President Obama’s July 2014 Fair Pay and Safe Workplaces Executive Order 13673 mandates that federal contracting agencies collect information concerning a potential prime contractor’s 3-year violation history with respect to...more

6/26/2015 - Contractors DOL Fair Pay and Safe Workplaces FAR Federal Contractors

Hang Up After Hours? The Spring 2015 Regulatory Agenda Tackles This and Other Overtime Issues

On Thursday, May 21, 2015, the White House, through its executive branch and other federal agencies, issued the Spring 2015 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more

6/8/2015 - De Minimis Claims DOL FLSA Non-Exempt Employees Over-Time Wage and Hour

“Fair Pay and Safe Workplaces” Guidance Explains Broad Labor Reporting Requirements for Federal Contractors

Today, the U.S. Department of Labor (DOL) published proposed guidance addressing the controversial Fair Pay and Safe Workplaces Executive Order 13673, which President Obama signed on July 31, 2014 (80 Fed. Reg. 30574 (May 28,...more

5/29/2015 - Arbitration Barack Obama DOL EEOC Employer Mandates Executive Orders Fair Pay and Safe Workplaces Federal Contractors Title VII Wage and Hour

DOL “Springs” Its Part 541 Proposal for Review

On Tuesday, May 5, 2015, the U.S. Department of Labor (DOL) announced that it had sent its draft proposed part 541 overtime regulations to the Office of the Information and Regulatory Affairs (OIRA) at the Office of...more

5/6/2015 - DOL Exempt-Employees OIRA OMB Proposed Regulation Wage and Hour

The D.C. Wage Theft Law’s Next Steps: DOES Issues Notice and Template

The District of Columbia’s Wage Theft Prevention Amendment Act of 2014 (2014 WTPAA) went into effect on February 26, 2015, after completing congressional review. In an effort to promote compliance with the 2014 WTPAA, the...more

3/5/2015

The District of Columbia Council Passes Its Own Wage Theft Prevention Amendment Act

The Council of the District of Columbia passed the Wage Theft Prevention Amendment Act (WTPAA) of 2014 which then mayor Vincent C. Gray signed in September 2014. Pursuant to the District of Columbia Home Rule Act, this...more

2/27/2015 - Exempt-Employees Recordkeeping Requirements Retaliation Wage and Hour Wage Theft Prevention Act Wages

Administration Publishes Fall 2014 Unified Regulatory Agenda

We expect 2015 to be a very busy year for actions on new or proposed federal regulations in the absence of congressional legislation. That was confirmed on November 21, 2014, when the administration published its “Unified...more

12/1/2014 - DOL FAR NLRB OFCCP OLMS OSHA Regulatory Agenda

WHD Publishes Final Rule Increasing Federal Contractors’ Minimum Wage

On October 7, 2014, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published its Final Rule establishing standards and procedures to implement Executive Order 13658, entitled “Establishing a Minimum...more

10/14/2014 - DOL Employee Rights Federal Contractors Minimum Wage Wage and Hour Wages

And the Numbers Are Finally In . . . Wage and Hour Division Releases Enforcement Statistics

After a long hiatus, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) released its updated enforcement statistics for fiscal years (FY) 2009 through 2013. The federal government’s fiscal year runs from...more

10/3/2014 - DOL Employee Rights Enforcement Enforcement Actions Wage and Hour Wages

Your Guide to the Proposed Rules Under Executive Order 13658 Setting a Minimum Wage for Federal Contractors

On February 12, 2014, President Barack Obama signed Executive Order 13658 (“Establishing a Minimum Wage for Contractors”), with instructions to U.S. Secretary of Labor Thomas E. Perez to issue regulations by October 1, 2014...more

6/20/2014 - Executive Orders Federal Contractors Minimum Wage Wage and Hour Wages

Some Surprises in DOL’s Just Issued Spring 2014 Regulatory Agenda

On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more

6/4/2014 - ADA Affirmative Action Affordable Care Act DOL EEOC ERISA Executive Orders Final Rules FLSA HUD Minimum Wage NLRB Obama Administration OFCCP OMB Persuader Rules Proposed Regulation Regulatory Agenda Unions Unpaid Overtime Wage and Hour

Federal Minimum Wage Bill In The Forefront of This Year’s Election Agenda

A bill to increase the federal minimum wage to $10.10 per hour is about to take center stage in the U.S. Senate as this year’s election agenda continues to take shape. ...more

4/29/2014

President Signs Executive Order on Minimum Wage Increase

On Wednesday, February 12, President Barack Obama signed an Executive Order to raise the minimum wage to $10.10 for federal contract workers. The president issued the Executive Order, in part, based upon the Federal Property...more

2/14/2014

More Minimum Wage Increases as the Income Equality Debate Heats Up

Our recent blog post on several state minimum wage increases noted that 13 states raised their minimum wages as of January 1, 2014 and that California’s minimum wage is set to increase to $9.00 per hour effective July 1,...more

1/20/2014

It’s Confirmed Again—Davis-Bacon Has No Private Right of Action

In Carrion v. Agfa Construction, Inc., the Second Circuit Court of Appeals recently reaffirmed its prior interpretation that there is no private right of action under the Davis-Bacon Act (DBA) to recover prevailing wage or...more

7/9/2013 - Davis-Bacon Act DOL Employee Benefits Employee Rights Employer Liability Issues FLSA Fringe Benefits Prevailing Wages Private Right of Action Wage and Hour

U.S. DOL Suffers Set Back on Tip-Pooling Regulations

A federal district court recently invalidated regulations issued by the U.S. Department of Labor (DOL) that prohibit employees from including non-tipped employees in a tip pool in certain situations. ...more

6/24/2013 - DOL FLSA Tip Credit Tip-Pooling Tips

What’s on the Regulatory Horizon Part Two: Wage and Hour Division Tips Its Hand

In the first part of this series, we examined the three major strategies in the U.S. Department of Labor’s (DOL) regulatory agenda. In part two of this two-part series, we will look at one regulatory topic of great interest....more

2/25/2013 - Classification DOL Employee Benefits FLSA Misclassification Right To Know Wage and Hour

What’s on the Regulatory Horizon Part One: The DOL’s Strategies on Wage and Hour

In this two-part series of blog posts we will examine the regulatory agenda of the U.S. Department of Labor’s (DOL) Wage and Hour Division. Late last year, the Wage and Hour Division (WHD), along with other regulatory...more

2/22/2013 - DOL FLSA FMLA Over-Time Plan-Prevent-Protect Wage and Hour

How to Report Audit Results and Resolve Issues Identified in the Audit

In this, our fourth installment in our series on the “Anatomy of a Department of Labor Audit,” we address both how to report audit results and how to resolve issues identified in the audit....more

11/7/2012 - Audits DOL FLSA Misclassification Wage and Hour

Key Issues to Evaluate When Conducting an Internal Wage and Hour Audit

In our last blog post in this series on the “Anatomy of a DOL Audit,” we discussed tips for conducting an effective internal wage and hour audit. Now we consider some key issues to evaluate during that process....more

10/8/2012 - Audits DOL Exempt-Employees Independent Contractors Internal Investigations Misclassification Non-Exempt Employees Over-Time Wage and Hour

Conducting an Effective Internal Wage and Hour Audit

In our last post we discussed the preliminary considerations an employer should take into account before conducting a wage and hour audit. Once the preliminary considerations have been addressed, it generally is advisable to...more

8/13/2012 - Attorney-Client Privilege Audits Wage and Hour

FLSA Lawsuits Continue to Rise

Federal judicial statistics confirm the continuing trend involving wage and hour lawsuits that many businesses are experiencing—the number of Fair Labor Standards Act (FLSA) lawsuits continues to grow and set new records each...more

7/30/2012 - Class Action FLSA Wage and Hour Wages

Your Federal Government is Here to Help—Anatomy of a DOL Audit

Under the Obama administration, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has become re-energized and is the most active it has been for many years. While the WHD still lacks a permanent...more

7/18/2012 - Audits DOL Enforcement Enforcement Actions Independent Contractors Internal Investigations Wage and Hour

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