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President Seeks Additional Funding For DOL To Clear Case Backlog

Although unlikely to be passed in its current form, President Obama’s Fiscal Year 2015 budget request to Congress allocates an additional $2 million of the Department of Labor’s requested $1.8 billion budget so that the...more

4/23/2014 - DOL Enforcement Actions

Meet Illinois’ Newest Power Couple: NLRB Region 13 And Illinois DOL Enter Into Formal Cooperation Agreement; NLRB Softens Strict...

The past few weeks have brought potentially important developments for employers at both the local and national level. First, in Chicago, the Regional Director for Region 13 of the National Labor Relations Board, Peter Sung...more

4/16/2014 - Default Judgment DOL Memorandum of Understanding NLRA NLRB

Can We Define "Full Time" To Mean Something Less Than 40 Hours Per Week?

Q. Under the Fair Labor Standards Act (FLSA), do we have to define “full time” to mean 40 hours per week, or is that left to employers’ discretion? Can we maintain a 40-hour standard for wage and hour purposes, but have a...more

4/15/2014 - Employee Benefits Employee Handbooks Exempt-Employees FLSA Full-Time Employees IRS Non-Exempt Employees Wages

Looking Into My Crystal Ball At The Future Of FLSA Regulations

Last month, I wrote about the Obama Administration’s Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair Labor...more

4/10/2014 - DOL Employee Rights FLSA Minimum Wage Over-Time Unpaid Overtime

Tough ICE Deportation, I-9 Worksite Enforcement Efforts Continue To Affect Employers

As employers know, failing to comply with I-9 requirements can lead to fines, the loss of federal funding, even criminal sanctions against employers and, as we discussed at this year’s Employment Law Conference, their...more

4/10/2014 - Audits Deportation DHS Eligibility Employer Liability Issues Immigration Visas

Obama Administration Expected To Expand Wage And Hour Protections, Disclosures For Federal Contractors' Employees

Recently, we told you about President Obama’s Executive Order increasing the minimum wage for employees of federal contractors to $10.10 per hour. Tomorrow, President Obama is expected to announce that he will sign two new...more

4/8/2014 - Executive Orders Federal Contractors Minimum Wage Wage and Hour Wages

Employee Background Checks: The First Step Before Determining Wages

In past Franczek Radelet Alerts and webinars, my colleagues and I have talked at length about the potential pitfalls for employers of background checks and the changes that the advent of the Consumer Financial Protection...more

4/7/2014 - Background Checks CFPB Criminal Background Checks Wages

Undocumented Worker Case Before California Supreme Court

The California Supreme Court has decided to hear a case that could impact the ability of undocumented workers to collect back wages or sue employers for discrimination in California, and may prove instructive in other courts...more

4/4/2014 - Disability Disability Discrimination Foreign Workers Immigrants Social Security Numbers Undocumented Immigrants

Seventh Circuit Gets (Maybe Too) Clever In FLSA Donning And Doffing Case (Part 1 Of 2)

A few weeks ago on Twitter, I remarked on Mitchell v. JCG Industries, a case from the Seventh Circuit penned by Judge Richard Posner: Worked OK for #employer here, but scary precedent for all if judges do own demos...more

4/2/2014 - Doffing DOL Donning FLSA Protective Gear Wage and Hour Workplace Attire

FLSA Revisions Won't Be Quick Or Easy

Recently on Twitter, I commented that revising the FLSA regulations won’t be quick or easy. Speaking of Twitter, if you’re not following @WageHourInsight yet, why not? I find lots of interesting tidbits every day that don’t...more

3/28/2014 - Compliance Employee Rights FLSA Wage and Hour

Obama Calls For Revisions Of "White-Collar" FLSA Overtime Exemptions

In an unexpected move, the Obama administration officially announced that it will issue a Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime...more

3/25/2014 - FLSA Over-Time Unpaid Overtime Wage and Hour White-Collar Exemptions

Obama Raises Minimum Wage For Federal Contractors

In his fifth State of the Union speech, President Obama announced that he planned to issue an executive order raising the minimum wage for workers under new federal contracts to $10.10 per hour, up from the current federal...more

3/25/2014

Obama Administration Orders Department Of Labor To Revise “White-Collar” FLSA Overtime Exemptions

In an unexpected move, the Obama administration officially announced today that it will issue a Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime...more

3/14/2014 - DOL Employee Definition FLSA Minimum Wage Unpaid Overtime White-Collar Exemptions

Department Of Labor Delays Persuader Rules Again; Will Not Be Released This Month

As we have been reporting, the U.S. Department of Labor (DOL) has been considering new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has...more

3/10/2014 - DOL LMRDA OIRA Persuader Rules Reporting Requirements

Revitalized National Labor Relations Board Sets An Aggressive Course

The National Labor Relations Board is now operating at full strength with five Board members who were properly nominated and confirmed. As a result, employers should expect increased activity as the Board seeks to make up for...more

3/4/2014 - NLRA NLRB Quickie Election Rules Union Elections Unions

NLRB Reissues “Quickie Election” Rule; Makes No Substantive Changes From Original 2011 Proposal

Today, the National Labor Relations Board announced that it was reissuing its “quickie election” rule in a new Notice of Proposed Rule Making. The Board previously issued this proposed rule back in June 2011, and a final,...more

2/6/2014 - NLRB Quickie Election Rules Union Elections

President Obama Announces Executive Order Raising Minimum Wage For Federal Contractors

In his fifth State of the Union speech, President Obama announced that he planned to issue an executive order raising the minimum wage for workers under new federal contracts to $10.10 per hour, up from the current federal...more

2/3/2014 - Barack Obama Executive Orders Federal Contractors Minimum Wage State of the Union

NLRB Formally Rescinds Quickie Election Rule, Still Assessing Next Move

On the heels of its decision earlier this month to abandon its previously enjoined notice posting rule, last week the National Labor Relations Board (NLRB) formally rescinded its “quickie election” rule that we have covered...more

1/29/2014 - Canning v NLRB NLRB Quickie Election Rules Recess Appointments

NLRB Bails On Notice Posting Rule; May Reconsider “Quickie Election” Rule?

Earlier this week, the National Labor Relations Board issued a statement that it would no longer pursue its appeal of two federal court decisions striking down its “notice posting” rule. ...more

1/9/2014 - Employee Rights NLRA NLRB Notice Requirements Posting Requirements Quickie Election Rules

Fifth Circuit Overrules NLRB On D.R. Horton Mandatory Arbitration Case

As we previously reported, in D.R. Horton, the NLRB held that a mandatory arbitration agreement that waives employees’ rights to participate in class or collective actions is unlawful under the National Labor Relations Act...more

12/6/2013 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Collective Actions D.R. Horton D.R. Horton v NLRB Mandatory Arbitration Clauses NLRA NLRB

Department Of Labor Resets Persuader Rules Deadline For March 2014

In June 2011, the U.S. Department of Labor (DOL) proposed new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has been in force since...more

12/6/2013 - Compliance Consultants Contractors Deadlines DOL LMRDA Persuader Rules

Supreme Court 2013-2014 Term

In the 2013 – 2014 Supreme Court term, the Court will hear and decide a number of cases affecting employers, including one FLSA case. ...more

10/8/2013 - Doffing Donning FLSA Sandifer v U.S. Steel Corp SCOTUS Wages

Government Shutdown Affects E-Verify, But Form I-9 Requirements Continue

With the federal government’s partial shutdown in its third day, many federal agency operations have been affected. Among them, the Department of Homeland Security (DHS) has suspended its E-Verify service until Congress...more

10/4/2013 - DHS E-Verify Government Shutdown I-9 Tentative Nonconfirmation

NLRB Back At Full Strength After Senate Approves Slate Of Nominees

As we reported earlier this month, Senate leaders reached a compromise to return a full complement of five members to the National Labor Relations Board after President Obama agreed to withdraw his February 2013 nominations...more

8/1/2013 - Barack Obama Confirmation Proceedings NLRB Political Appointments Recess Appointments

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