As Secretary of Labor Alexander Acosta testified in early June, the Department of Labor’s (DOL) Wage and Hour Division (WHD) has issued its request for information (RFI) on the Part 541 overtime regulations that were...more
On June 27, 2017, the U.S. Department of Labor (DOL) announced that it will reinstate the issuance of Wage and Hour Division (WHD) opinion letters as one of its methods for providing guidance to employers and employees on...more
In keeping with his pledge to promote high-paying jobs, President Donald J. Trump signed an executive order, “Expanding Apprenticeships in America,” on June 15, 2017. With a goal to equip workers with the skills to fill...more
At a U.S. Department of Labor (DOL) budget hearing before the Subcommittee for Labor, Health and Human Services, Education, and Related Agencies of the Appropriations Committee for the U.S. House of Representatives, Secretary...more
On March 6, 2017, on a narrow straight party line vote of 49–48, the U.S. Senate passed a Congressional Review Act (CRA) Joint Resolution of Disapproval, which moots Executive Order (EO) 13673, "Fair Pay and Safe...more
By almost all accounts, the Trump administration, under the leadership of Secretary of Labor-designate Andrew Puzder, should inherit the part 541 regulations of the Obama administration that dramatically increased the salary...more
On September 28, 2016, the U.S. House of Representatives passed H.R. 6094 Regulatory Relief for Small Businesses, Schools, and Nonprofits Act by a vote of 246 to 177. This bill would delay the December 1, 2016 effective date...more
On June 20, 2016, the Supreme Court of the United States issued a ruling regarding the Fair Labor Standards Act’s (FLSA) overtime exemption for “any salesman, partsman, or mechanic primarily engaged in selling or servicing...more
6/21/2016
/ Arbitrary and Capricious ,
Car Dealerships ,
Chevron Deference ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Over-Time ,
SCOTUS ,
Service Advisors ,
Wage and Hour ,
White-Collar Exemptions
The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per...more
The U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA’s) Part 541 overtime regulations to the Office of Information and Regulatory Affairs...more
As the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget concludes its review of the proposed final overtime regulations, the issuance of new regulations defining and delimiting the...more
On March 15, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s Part 541 overtime regulations to the Office of Information and Regulatory...more
In testimony before the House Education and Workforce Committee on Tuesday, March 16, 2016, U.S. Secretary of Labor Thomas E. Perez commented about several regulatory priorities and other U.S. Department of Labor (DOL)...more
3/18/2016
/ Congressional Investigations & Hearings ,
CRA ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
OIRA ,
Over-Time ,
Presidential Veto ,
Proposed Legislation ,
Secretary of Labor ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Labor’s (DOL) Wage and Hour Division just delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA) Part 541 overtime regulations to the Office of Information and Regulatory...more
3/16/2016
/ Congressional Investigations & Hearings ,
CRA ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
OIRA ,
Over-Time ,
Presidential Veto ,
Proposed Regulation ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Labor (DOL) has released its Notice of Proposed Rulemaking (NPRM) to implement Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors. The NPRM (currently 286 pages in length) will...more
On January 20, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor released an Administrator’s Interpretation (AI) on joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal...more
A federal appellate court recently dismissed a lawsuit brought by a paramedic who claimed that his employer unlawfully placed him on alternative duty after he refused to participate in a wellness program. According to the...more
Approximately three months after the comment period closed on the proposal from the Obama administration and U.S. Department of Labor (DOL) to revise the Part 541 overtime regulations, the DOL issued its Fall 2015 Semiannual...more
On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more
10/29/2015
/ Americans with Disabilities Act (ADA) ,
Browning-Ferris Industries of California Inc. ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Federal Register ,
Foreign Students ,
Form F-1 ,
Franchisee ,
Franchises ,
Franchisors ,
Harassment ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Hostile Environment ,
Immigration Reform ,
Independent Contractors ,
Internships ,
Joint Employers ,
Minimum Wage ,
Misclassification ,
NLRA ,
NLRB ,
NPRM ,
Nurse Practitioners ,
OPT ,
Reasonable Accommodation ,
Retaliation ,
Right to Privacy ,
Severance Pay ,
Social Media Policy ,
Staffing Agencies ,
STEM ,
Student Employees ,
Unpaid Interns ,
Veterans ,
Wage and Hour
Now that the Obama Administration and U.S. Department of Labor (DOL or Department) have released its proposal to revise the Part 541 overtime regulations, it is important to understand what may be next and when we can expect...more
7/9/2015
/ Barack Obama ,
Department of Labor (DOL) ,
Executive Orders ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Non-Exempt Employees ,
NPRM ,
Regulatory Agenda ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
On June 30, 2015, the U.S. Department of Labor (DOL) announced its long-awaited proposed rule that would revise the regulations concerning the white collar exemption contained in section 13(a)(1) of the Fair Labor Standards...more
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
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
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
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