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Congress Boots the "Blacklisting" Regulation and Sends it to the President’s Desk

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

Back to 1981: More Reasonable Salary Levels for the Overtime Regulations

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

House of Representatives Passes Bill to Delay Overtime Rule Effective Date

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

Car Dealership’s Service Advisors’ Overtime Controversy Stalls in the Supreme Court

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

Storm Clouds and Silver Linings for Employers: An Analysis of the DOL’s Final FLSA Part 541 Regulations

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 DOL's New Final Overtime Rule Is Likely To Be Released on Wednesday, May 18

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

OIRA’s Review of the Final Overtime Regs Draws to a Close: Will It Include a Provision to Increase the Salary Automatically?

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

Countdown to the Final Overtime Rule: The Clock Is Ticking on Your Current Exemptions

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

Labor Secretary Testifies Before House Committee but Stays Silent on Overtime Proposal

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

DOL Delivers Final Overtime Regulation Revisions to OIRA Ahead of Schedule

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

Federal Contractors and Paid Sick Leave: The DOL Issues an NPRM

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

Are You a Joint Employer? WHD Issues Guidance in the Form of an Administrator’s Interpretation

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

The Employment Law Authority - November/December 2015

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

The DOL’s Fall 2015 Regulatory Agenda: Does it Really Shed Light on the Timing for a Final Overtime Rule?

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

DOL’s Part 541 Proposal: Next Steps

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

The New Overtime Regulations: Are Your White Collar Employees Still Exempt?

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

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

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

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

“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

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

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

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

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