Doug Hass

Doug Hass

Franczek Radelet P.C.

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New USCIS Guidance Has Significant Consequences for H-1B Employers

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision (Matter of Simeio Solutions, 26 I&N Dec. 542) that significantly impacts U.S....more

5/27/2015 - ALJ Appeals DOL H-1B I-129 Immigration Reform LCA USCIS Visas

Second Circuit Extends FLSA Anti-Retaliation Provision to More Oral Complaints

On April 20, the Second Circuit filled a gap left open by the Supreme Court by extending the Fair Labor Standards Act’s (FLSA) anti-retaliation provisions to oral complaints made to an employer (rather than just complaints...more

5/7/2015 - Anti-Retaliation Provisions DOL EEOC FLSA Wage and Hour Wrongful Termination

DOL Sends New FLSA Regulations to OIRA for Final Review Before Draft Publication

Since last spring, we have been following developments in the oft-delayed Fair Labor Standards Act (FLSA) regulations rewrite by the Department of Labor (DOL). Yesterday, we received word that the DOL has completed a draft of...more

5/6/2015 - Administrative Procedure Act DOL FLSA OIRA Unpaid Overtime Wage and Hour

Department of Labor Says "Transparent Government" Begins With...Transparent Data about Businesses?

We’ve reached almost the end of April, and the long delayed, new FLSA regulations are still percolating somewhere in deep inside the DOL. So what has the agency been up to instead? Last month, as part of the annual “Sunshine...more

4/29/2015 - Corporate Counsel Data Collection DOL EBSA Enforcement Actions FLSA OFCCP OSHA Public Disclosure Transparency Wage and Hour

9th Circuit Splits with 4th, 5th Circuits, Finds Auto Dealer Service Advisors Not Exempt Under FLSA

Reversing a district court decision, and declining to follow decisions from a number of other courts, including the Fourth and Fifth Circuits, the Ninth Circuit has deferred to the Department of Labor's (DOL) "flip-flopped"...more

4/15/2015 - Appeals Car Dealerships Chevron Deference DOL Employer Liability Issues Exempt-Employees FLSA Perez v Mortage Bankers Assoc Service Advisors Wage and Hour

DOL Secretary Tells Congress New FLSA Regulations Are Delayed, Outlines Department Priorities

Last week, Secretary of Labor Thomas Perez testified during a hearing held by the House Education and Workforce Committee to discuss President Obama’s budget proposal for the Department of Labor. Secretary Perez’s testimony...more

3/24/2015 - DOL FLSA Secretary of Labor Wage and Hour

February Comes and Goes with No Action by DOL on New FLSA Regulations

The calendar has flipped from February to March, but there is still nothing from the Department of Labor regarding new regulations governing the Fair Labor Standards Act. Don’t worry, you haven’t missed anything. The DOL...more

3/17/2015 - DOL FMLA Wage and Hour

Supreme Court Rejects Notice and Comment Rulemaking Requirement for Agency Interpretations

In a case we labeled one of the “cases to watch” this term, a relatively unified Supreme Court decided in Perez v. Mortgage Bankers Association that a federal agency does not need to engage in notice-and-comment rulemaking...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

DOL Wage and Hour Division Announces Fiscal Year 2014 Recovery of $240 Million From Employers

Last week, Department of Labor Wage and Hour Division (WHD) Administrator Dr. David Weil, who we have profiled in the past, announced on the DOL’s blog that WHD recovered more than $240 million dollars from employers on...more

3/3/2015 - DOL Employer Liability Issues FLSA Wage and Hour

Wage and Hour Basics Series: The FLSA Overtime Exemptions

Last month, we debuted our series on wage and hour basics with a review of the white collar exemptions. As the Department of Labor gets ready to issue revised FLSA regulations, we will continue take a look at some of the more...more

2/27/2015 - DOL Exempt-Employees FLSA Unpaid Overtime Wage and Hour

Predictable Scheduling: The Next FLSA Frontier?

As if the DOL’s new Fair Labor Standards Act regulations weren’t enough to fill your plate this year, a recent interview (subscription required) that the DOL’s Wage and Hour Division Administrator David Weil gave to BNA’s...more

2/17/2015 - DOL FLSA Wage and Hour Work Schedules

Labor Issues Staying at the Forefront of Political, Legal Discussions with NLRB, DOL Activity

As we have discussed over the past few weeks, the NLRB was busy as 2014 drew to a close. On December 11, 2014, the Board overruled its Register Guard decision in Purple Communications, establishing a new standard that...more

1/23/2015 - DOL Email Employer Liability Issues Employer Mandates LMRDA NLRB Political Appointments Protected Concerted Activity Purple Communications Reporting Requirements Unions

FLSA Minimum Wage, Overtime Lawsuits Smash Records in 2014, Sharp Growth Continues

The dawning of a new year means it is time to look back at the number of cases filed in federal courts during the past year under the Fair Labor Standards Act. Every year seemingly without fail, that number goes up. 2014 was...more

1/16/2015 - Corporate Counsel DOL Employer Liability Issues Employer Mandates Enforcement Statistics FLSA Minimum Wage Wage and Hour

Wage and Hour Basics Series: The FLSA Overtime Exemptions

While we regularly discuss many of the nuances of wage and hour law generally and the Fair Labor Standards Act in particular here on the blog— it is also important to focus on the basics. Periodically over the next several...more

1/13/2015 - DOL Exempt-Employees Exemptions FLSA Unpaid Overtime Wage and Hour

Insurance Industry Wins Temporary FLSA Exemption for Insurance Adjusters in CRomnibus

On Tuesday, we discussed Congress’s passage of the Consolidated and Further Continuing Appropriations Act, 2015, nicknamed CRomnibus in the waning days of the 2014 legislative session. The omnibus spending bill avoided...more

1/9/2015 - Adjusters Appropriations Bill Claims Adjusters DOL Employer Liability Issues Exempt-Employees FLSA Insurance Companies Insurance Industry Trucking Industry Unpaid Overtime Wage and Hour

Department of Labor, Trucking Industry Big Winners in Congress's CRomnibus Bill

In the run-up to the holidays, Congress rushed a Continuing Resolution (CR) to President Obama's desk entitled the Consolidated and Further Continuing Appropriations Act, 2015. The omnibus spending bill, nicknamed...more

1/6/2015 - Appropriations Bill Commercial Truck Drivers DOL FLSA Trucking Industry Wage and Hour

Yes, Employers Can Still Have Unpaid Interns (Under the Right Circumstances)

In the past, we’ve explained the DOL’s test for whether employers must pay their interns. Put simply, public employers and qualifying not-for-profit entities do not have to pay their interns. I hope that our more recent...more

12/17/2014 - Corporate Counsel DOL Internships Non-Profits Private Schools Unpaid Interns

Automatic Meal Period Deductions and the FLSA [Wage and Hour FAQ]

As you know, under the FLSA, “bona fide meal periods” are not regarded as work time and can be unpaid. For a break to qualify as a bona fide meal period, “[t]he employee must be completely relieved from duty for purposes of...more

12/10/2014 - DOL Employer Liability Issues FLSA Rest and Meal Break Wage and Hour

DOL Sets February 2015 Deadline for New FLSA "White Collar" Overtime Exemption Regulations

Late last month, the Department of Labor released its Fall 2014 Agency Rule List that included a range of proposed regulations covering everything from the FMLA definition of “spouse” to labor union annual reports and...more

12/5/2014 - Barack Obama DOL Employer Liability Issues Executive Orders Exempt-Employees FLSA FMLA Rulemaking Process Spouses Unions Unpaid Overtime Wage and Hour

Wage and Hour Cases to Watch at the Supreme Court: Part 2--Perez v. Mortgage Bankers Association

As we discussed recently, this month marked the opening of the Supreme Court’s new term. For employment law practitioners, this session will be particularly busy with seven cases analyzing a range of employment questions,...more

11/19/2014 - Administrative Procedure Act DOL Employer Liability Issues FLSA Interpretive Rule Loan Officer NLRB Opinion Letter Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Wage and Hour

If I was Secretary of Labor: Fixing the FLSA with a Safe Harbor

Last week, I answered some of the questions that we have been receiving about the new FLSA regulations, but I saved one that I hear almost everywhere I go: what should the Department of Labor do with the FLSA? Last week, I...more

11/14/2014 - DOL Employer Liability Issues FLSA Safe Harbors Wage and Hour

Fear and Loathing in D.C.: More Thoughts and Predictions about the New FLSA Regulations

For most of the year, we have been discussing the upcoming FLSA regulations and what employers can expect related to the white collar exemptions. Recently, the DOL delayed the release of proposed rules, potentially for...more

11/5/2014 - Compliance DOL Employee Rights FLSA Wage and Hour Wages

DOL Backs Paid Leave Push in 3 States, D.C. with $500,000 Grant

Recently, we detailed the efforts to push for paid sick leave by state and local governments in light of California’s passage of a statewide paid leave law. Soon after our post, the U.S. Department of Labor’s Women’s Bureau...more

10/23/2014 - DOL Employee Rights Employer Liability Issues Wage and Hour Wages

DOL Makes It Official: New FLSA Regulations Delayed Until 2015

Back in late May, we told you that the Department of Labor had released its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, included several FLSA-related items. Most importantly, the DOL...more

10/14/2014 - DOL Employee Rights Exempt-Employees FLSA Over-Time Wage and Hour Wages

Department of Labor Sends Final $10.10 Minimum Wage Rule to OMB for Approval

Back in February, we told you about President Obama’s Executive Order 13658 increasing the minimum wage for federal contractor employees. Late last week, the Department of Labor’s Wage & Hour Division (WHD) submitted its...more

9/25/2014 - DOL Federal Contractors Minimum Wage OIRA OMB Wage and Hour Wages

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