Alfred B. Robinson, Jr.

Alfred B. Robinson, Jr.

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

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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

5/19/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Standard Duties Test Wage and Hour White-Collar Exemptions

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

5/17/2016 - DOL Final Rules FLSA Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

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

5/16/2016 - Consumer Price Index DOL Exempt-Employees Final Rules OIRA Wage and Hour

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

5/2/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary OIRA OMB Over-Time Wage and Hour White-Collar Exemptions

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

3/18/2016 - Congressional Investigations & Hearings CRA DOL FLSA Minimum Salary OIRA Over-Time Presidential Veto Proposed Legislation Secretary of Labor Wage and Hour White-Collar Exemptions

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

3/16/2016 - Congressional Investigations & Hearings CRA DOL Exempt-Employees FLSA Minimum Salary OIRA Over-Time Presidential Veto Proposed Regulation Wage and Hour White-Collar Exemptions

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

1/21/2016 - DOL Employer Liability Issues FLSA Joint Employers Migrant Workers Wage and Hour

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

12/11/2015 - DOL E-Signatures Employment Discrimination Genetic Discrimination GINA NLRB Unions Wage and Hour Wage Garnishment White-Collar Exemptions

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

7/9/2015 - Barack Obama DOL Executive Orders Exempt-Employees FLSA Non-Exempt Employees NPRM Regulatory Agenda Unpaid Overtime Wage and Hour White-Collar Exemptions

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

7/1/2015 - Corporate Counsel DOL Exempt-Employees FLSA Human Resources Professionals NPRM Wage and Hour White-Collar Exemptions

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 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

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

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

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 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

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