Brian Schwartz

Brian Schwartz

Miller Canfield

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Texas Federal Court Issues Last-Minute Injunction, Blocks Changes to Overtime Rules

Just eight days before the Dec. 1, 2016, effective date, the United States District Court for the Eastern District of Texas entered a nationwide injunction prohibiting the U.S. Department of Labor from enforcing the recent...more

11/25/2016 - DOL Exempt-Employees Final Rules FLSA Minimum Salary Over-Time Preliminary Injunctions Wage and Hour White-Collar Exemptions

DOL's 'Persuader' Rule Blocked By Texas Judge

A Department of Labor rule requiring employers to disclose when they hire lawyers and consultants during union organization campaigns has been at least temporarily put on hold. On June 27, 2016, a federal district court...more

6/28/2016 - Collective Bargaining DOL Fifth Amendment First Amendment Free Speech LMRDA Persuader Rules Preliminary Injunctions Reporting Requirements Unions

New Overtime Rules Issued: Employers Must Review Status By Year-End

On May 18, 2016, the Department of Labor (DOL) issued its final rule updating current overtime regulations. The final rule significantly alters the compensation levels required for executive, administrative and professional...more

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

DOL Issues Groundbreaking Fiduciary Investment Rules

Do you have investments in a retirement plan or IRA, or are you a retirement plan fiduciary or provide investment services to a retirement plan or IRA? On April 6, 2016, the Department of Labor (DOL) released its...more

4/7/2016 - Conflicts of Interest DOL Fiduciary Duty Final Rules Investment Adviser IRA Retirement Plan

DOL Issues an Administrator's Interpretation Regarding Joint Employment

The U.S. Department of Labor (“DOL”) recently issued an Administrator’s Interpretation (“AI”) regarding joint employment under the Fair Labor Standards Act (“FLSA”) and the Migrant and Seasonal Agricultural Worker Protection...more

1/22/2016 - Administrative Interpretation DOL FLSA Joint Employers Migrant Workers

SCOTUS: Federal Agencies Can Change Interpretive Rules Without Formal Process

Federal agencies are not required to follow formal notice-and-comment rulemaking when making significant changes to interpretive rules, according to a unanimous U.S. Supreme Court. In Perez v. Mortgage Bankers Association,...more

3/11/2015 - Administrative Procedure Act DOL FLSA Mortgage Loan Originators Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Statutory Interpretation

Department of Labor Delays Deadline for Certain “Obama Care” Notice Requirements

On January 24, 2013, the Department of Labor issued guidance delaying the deadline for employers to provide employees with notice of coverage options available through the health care exchanges....more

1/30/2013 - Affordable Care Act DOL Employer Group Health Plans FLSA Health Insurance Exchanges Notice Requirements

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