Latest Posts › DOL

Share:

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

Lesser Known DOL Regulations: "Bona Fide" Terminations for H-1B Workers

Last week, we discussed whether you might be running a construction business. As I explained then, you have to look beyond the FLSA to comply with your wage and hour obligations, and that’s doubly true for employers who rely...more

8/15/2014 - Compliance DOL Employee Rights Employer Liability Issues FLSA H-1B Termination USCIS

Department of Labor Press Release Highlights Heightened Scrutiny of "Per Diem" Payments

Last year, the DOL announced an eye-popping $2 million Fair Labor Standards Act (FLSA) settlement with Hutco, Inc, a labor services firm, for Hutco’s miscalculation of “per diem” payments to temporary workers and contractors....more

8/6/2014 - DOL FLSA Over-Time Per Diem Wage and Hour Wages

Department of Labor Brief Provides More Guidance on Interns

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. On the other hand, private...more

7/30/2014 - DOL Employer Liability Issues Entertainment Industry FLSA Fox Searchlight Pictures Internships Non-Profits Public Entities Unpaid Interns Wage and Hour

FLSA Compliance Not That Important? You Might Need a Criminal Lawyer, Too

Those of you who attended our annual Employment Law Conference this past February know that failing to complete Form I-9 for all new hires can lead not only to civil fines and penalties, but to criminal penalties. That’s true...more

7/14/2014 - Compliance DOL Enforcement Actions FLSA I-9 Immigrants

When is a Commute Not a Commute? In a Company Car (Well, Maybe)!

In my last post, I outlined the “normal” commuting case after Congress passed the Employee Commuting Flexibility Act (ECFA). The ECFA clarified the applicability of the Portal-to-Portal Act to the payment of wages to...more

6/27/2014 - Commuting Company Cars DOL Employer Liability Issues Wage and Hour

You Load 16 Tons, What Do You Get: A Worthless Franchise!

Despite the focus in recent years on the misclassification of employees as contractors, unfortunately, we continue to see numerous companies ranging from the Fortune 500 to startups make mistakes, albeit mostly unintentional,...more

5/30/2014 - Contractors DOL Employer Liability Issues Full-Time Employees Independent Contractors Misclassification

Department of Labor Sets FLSA Regulation Deadline for November 2014, Final Regulations Unlikely to Arrive Before Spring 2015

Recently, we told you that President Obama had issued a Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair...more

5/28/2014 - Administrative Procedure Act Amended Regulation Barack Obama DOL Employee Rights Employer Liability Issues Employer Mandates Executive Orders FLSA OIRA Unpaid Overtime

The Boys of Summer: Interns, Seasonal Workers and More

Memorial Day weekend has passed, the Major League Baseball season is in full swing, and summer is upon us. With apologies to Roger Kahn, for us wage and hour practitioners, the “Boys of Summer”...more

5/27/2014 - DOL Employer Liability Issues Employer Mandates FLSA Hiring & Firing Hospitality Industry I-9 Internships Seasonal Workers Student Employees Unpaid Interns Wage and Hour

Wage And Hour Due Diligence Solutions In The M&A Context

As I mentioned yesterday, in order to avoid costly lawsuits or DOL enforcement actions, FLSA and state wage and hour due diligence should be a substantial part of the overall due diligence process in any deal involving a...more

5/16/2014 - Compliance DOL Due Diligence Enforcement Actions FLSA Wage and Hour

Ongoing Confusion About Tips, Even From The White House

Recently, I explained that revising the FLSA regulations will not be easy, and highlighted tip credits as one such area in particular. In my last post, I discussed yet another case involving the miscalculation of wages for...more

5/8/2014 - DOL Employer Mandates Equal Pay FLSA Minimum Wage Tips Wages

Senate Confirms First Department Of Labor Wage And Hour Division Administrator In Decade

The Senate voted narrowly on Monday to confirm David Weil as administrator of the Department of Labor’s Wage and Hour Division (WHD). The narrow 51-42 majority followed a similarly narrow 12-10 party-line committee vote in...more

4/30/2014 - Confirmation Proceedings DOL Wage and Hour

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

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

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

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

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

28 Results
|
View per page
Page: of 2