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Administrative Agency Labor & Employment

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Pensions Round-Up - July/August 2017 (UK)

by DLA Piper on

Welcome to the latest edition of Pensions Round-Up which provides an overview of developments in pension legislation, case law and regulatory guidance. In this edition we look at key developments from the second half of July...more

Proposed 2016 “White Collar” Regulations Struck Down; DOL Starts Work on New Regulations

The winding legal path of the 2016 “white collar” regulations has come to an end. On August 31, 2017, the Honorable Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas struck down the U.S. Department...more

Ninth Circuit Deviates from Guidance and Other Authority on Tip Credits

by Foley & Lardner LLP on

We have previously discussed how the Department of Labor (DOL) often issues guidance to assist employers in applying and complying with the DOL’s various regulations. The federal courts generally follow this guidance when...more

DOL Allows SOX Claim Where Foreign Whistleblower Alleged Violation of US Law

The Department of Labor’s Administrative Review Board (ARB) recently held that a former employee of Exelis Systems Corporation who was employed in Afghanistan could bring a SOX claim even though he worked exclusively outside...more

Trump Repeals DACA: What You Need To Know

by Butler Snow LLP on

Last week, the Trump administration announced the end of the DACA program. DACA, or Deferred Action for Childhood Arrivals, was an immigration policy program created in 2012 by the Obama administration that allowed certain...more

NLRB: Employer’s Side Letter Explaining NLRB Notice Breached Settlement Agreement and Warranted Default Judgment

One of the fundamental pillars of any remedy doled out by the NLRB is the agency’s requirement that the employer (or union) post a “Notice to Employees,” a bright blue poster detailing the misdeeds of the charged party. Such...more

Fifth Circuit Dismisses Appeal of Nationwide Injunction of Obama-Era Overtime Rule

In light of the Texas district court’s recent judgment invalidating the 2016 overtime rule, the DOL filed an unopposed motion to withdraw its appeal of the November 2016 order that preliminarily enjoined the rule on a...more

Could Barring Former Employees From Your Premises Lead To A Lawsuit?

by Fisher Phillips on

Hospitality employers open to the general public should be aware of a recent decision by the National Labor Relations Board (NLRB) with implications across the industry. In a 2-to-1 decision, the NLRB ruled that a hotel and...more

Book Closes on Obama-Era Overtime Rule

It has taken nearly a year and a half, but it finally appears that the Fair Labor Standards Act (“FLSA”) regulations on the “white collar” overtime exemptions will not go into effect....more

Department Of Labor Challenges ALJ’s Decision On Google’s Obligation To Respond To OFCCP Data Requests

In July, we reported that an Administrative Law Judge (“ALJ”) had ruled on OFCCP’s dispute with Google over the tech giant’s refusal to turn over certain documents in connection with a routine audit of Google’s headquarters....more

A New Era For Labor Relations? Fisher Phillips Lawyers Predict Fate Of Top 10 Key Issues

by Fisher Phillips on

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

White House to Nominate S.C. Labor Official to Serve as WHD Administrator

by Seyfarth Shaw LLP on

The White House announced its intent to nominate Cheryl Stanton to serve as the Administrator of the U.S. Department of Labor’s Wage & Hour Division. Stanton currently serves as the Executive Director for the South Carolina...more

NLRB’s Enforcement of Secondary Boycott Restrictions Does Not Place Union Agent in Involuntary Servitude Nor Does It Encroach on...

Labor Day is upon us. It is fitting, therefore, to enter the weekend with another case that exemplifies the bizarre world of labor relations. Like the case of the human resource manager who turned on his employer, or the...more

NLRB Fires Shot At Handy, Taking Aim At Gig Economy In General

by Fisher Phillips on

Josh Eidelson from Bloomberg reported that the National Labor Relations Board (NLRB) issued a complaint against gig economy mainstay Handy earlier this week, alleging that the on-demand workers who provide home cleaning...more

Federal Judge Issues Final Ruling Striking Down Overtime Rule

by Bass, Berry & Sims PLC on

Texas Federal Judge Amos Mazzant has issued a final ruling striking down the overtime rule. In the August 31 ruling, Judge Mazzant used essentially the same reasoning on which he based his temporary injunction ruling. In...more

UK Corporate Governance Reform – the Government’s Final Proposals

by Shearman & Sterling LLP on

On 29 August 2017, the UK Government published its response to the green paper on corporate governance reform that it issued at the end of November 2016. It intends to implement its reform proposals — so that they apply to...more

Obama Overtime Rule Is Declared Invalid – For Good? (Let’s Hope.)

Yesterday, U.S. District Court Judge Amos Mazzant followed up on his preliminary injunction ruling, issued last November, by rendering final judgment in favor of the business groups and state governments who had challenged...more

Employers Receive Important Overtime Law News Just Before Labor Day

Short of a successful (but highly unlikely) appeal, the Obama-era overtime rule is now officially no longer. That rule would have required employers to pay employees a little more than $47,000 annually to qualify under one of...more

Texas Federal Court Deals Yet Another Blow to USDOL's Overtime Rule

by Fisher Phillips on

A federal judge in Texas struck down the controversial Obama-era change to the federal Fair Labor Standards Act that was intended to substantially raise the minimum salary threshold required for employees to qualify for the...more

Beltway Buzz - September, 2017

2016 Overtime Rules Invalidated. U.S. District Court invalidates 2016 changes to overtime rules. Steven F. Pockrass has the details here....more

EEOC’s Pay Data Collection Requirement Suspended

by Epstein Becker & Green on

On August 29, 2017, the U.S. Office of Information and Regulatory Affairs (“OIRA”), a division of the U.S. Office of Management and Budget, informed the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”)...more

Supreme Court holds Employment Tribunal fees are unlawful

by Dentons on

In what has been described as the biggest news in employment law in the last 50 years, on 26 July 2017, the Supreme Court ruled that the Employment Tribunal fees regime introduced controversially in 2013 was unlawful....more

DOL Reinstates the Issuance of Opinion Letters

by Pessin Katz Law, P.A. on

On June 27, 2017, the U.S. Department of Labor (“DOL”) announced it will reinstate the issuance of opinion letters (the “letters”), a practice not followed since 2010. The letters allow the DOL’s Wage and Hour Division...more

Health Alert (Australia) 28 August 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Queensland (QLD) 21 August 2017 - A Practitioner v The Health Ombudsman [2017] QCAT 265 - PROFESSIONS AND TRADES – HEALTH CARE...more

Labor Board Dunks On Employer’s Contractor Classification Attempt - NBA’s Timberwolves Foul Out In Front Of NLRB

by Fisher Phillips on

In a ruling sure to leave businesses and gig economy companies crying foul, the National Labor Relations Board concluded that workers producing electronic video display content for the NBA’s Minnesota Timberwolves were...more

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