The United States Department of Labor

The United States Department of Labor is a federal executive department established in 1913 and headed by the Secretary of Labor. The Department's mission is to promote workers's general welfare and... more +
The United States Department of Labor is a federal executive department established in 1913 and headed by the Secretary of Labor. The Department's mission is to promote workers's general welfare and improve working conditions. less -
News & Analysis as of

DOL Tightens Disability Claim Processing Rules

“Isn’t this an ACA blog?” Yes, it is. “So, why are you writing about disability plan administration?” Because they said so. The preamble to the proposed rules explains – Inasmuch as disability and lost earnings can be sources...more

DOL Solicitor General States That New FLSA Regulations May Not Be Implemented Until Late 2016

At a recent American Bar Association Conference in Philadelphia, the United States Department of Labor's Solicitor General announced that the much-anticipated new Fair Labor Standards Act (FLSA) regulations would likely not...more

Employment Law Commentary - Volume 27, Issue 11, November 2015

Annual California Roundup - Another year and another round of legislative updates. California’s legislature continues to provide a rich source of law. This year the highlights include equal pay legislation, expanded...more

UPDATE: OMB Says DOL May Publish Final White Collar Exemptions Overtime Rules in July 2016

July 2016. That’s when the final rule on the white collar overtime exemptions is expected to be published by the DOL – this according to the OMB’s Fall 2015 Unified Agenda and Regulatory Plan released last Thursday. Just...more

Labor Department Provides Guidance on ERISA Coverage of State-Run Retirement Programs for Private Sector Employers

In recent years, a number of states have explored the idea of establishing state-run retirement plans for private sector employees who do not have access to employer-sponsored retirement plans. The preemption concerns under...more

DOL Targets July 2016 For Release of Final Overtime Rule

In its Fall 2015 Semiannual Regulatory Agenda, published last week, the U.S. Department of Labor (DOL) estimated a July 2016 timetable for the publication of the Final Rule containing the agency’s changes to the “white...more

DOL Issues Proposed Revisions to Disability Plan Claims Regulations

The Department of Labor published proposed changes to its regulations governing disability claims and appeals in the Federal Register on November 18, 2015, and invited comments. The stated purpose of the proposed changes is...more

LATEST UPDATE: When Will The Exemption Changes Occur?

The U.S. Labor Department's most-recent semi-annual regulatory agenda shows a July 2016 "Final Rule" timeframe for the revised regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions....more

Final Rule Amending Overtime Requirements Not Expected Until Late 2016

On June 30, 2015, the Department of Labor (DOL) published its proposed rule amending the minimum salary requirement for overtime exemption under the Fair Labor Standards Act (FLSA). Under the proposed rule, the minimum weekly...more

Final Rules on Overtime, Crystalline Silica, and Persuader Agreements are Expected in the First Half of 2016

On Friday, federal agencies released their Fall 2015 Regulatory Plans and Unified Agendas. These semiannual reports detail all agency rulemaking efforts at their various stages of development and implementation. The...more

Pizza franchisee jailed for wage violations

Most employers know that failing to pay minimum wage or overtime pay to their employees can lead to serious consequences. When employees file lawsuits claiming unpaid overtime wages, they can bring in their co-workers,...more

Obama Administration Announces $100 million in TechHire Grants to Support IT, Cybersecurity, Broadband Sector Training

On November 17, 2015, the Department of Labor (DOL) and the White House issued a funding announcement releasing $100 million in grants as a part of the Obama Administration’s TechHire Initiative, which specifically calls out...more

DOL Settles Systemic Hiring and Pay Discrimination Claim With Government Contractor For Close to $2 Million

On November 19, 2015, the U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) announced that it reached a settlement with nine locations of a government contractor “to remedy systemic...more

Home Care Industry Coalition Seeks Supreme Court Review of DOL's Home Care Rule

In the latest litigation chapter involving the U.S. Department of Labor’s rule extending minimum wage and overtime requirements to certain home care workers, a home care industry coalition has taken its challenge of the rule...more

New Exemption Rules May Be Delayed To Late 2016

Waiting is the hardest part. Ever since the Department of Labor issued its proposal to substantially increase the minimum salary level needed to classify an employee as an exempt executive, administrative or...more

SuperVision Today - November 2015

Notes from the Chair and Executive Editor - Welcome to the fourth quarter edition of SuperVision Today, Spilman's labor and employment law e-newsletter. With the calendars getting ready to roll over to 2016, the New Year...more

“Socially Responsible” Investing Under ERISA: New DOL Guidance

Fiduciary concerns may have prevented plan committees from considering “economically targeted investments” (ETI) – such as investments that observe environmental, social or governance responsibility (ESG) standards – as...more

Start Preparing Now for Wage and Hour Changes on the Horizon

As we have previously reported on this blog, and as most of you are well aware, the U.S. Department of Labor has published its highly-anticipated proposed revisions to the “white collar” exemptions under the Fair Labor...more

Outsmart the Pending Changes to the Overtime Law with Advance Planning

In June we alerted you to the fact that the Department of Labor (“DOL”) was planning to increase the minimum weekly salary an employee must be paid in order to qualify for an exemption from overtime. Since that time, the DOL...more

Lower Oil and Gas Prices Met With an Uptick in Unpaid Overtime, Worker Misclassification, and Other Wage Suits

On Monday, the United States Energy Information Administration released a Drilling Productivity Report. The report projects that total oil output from seven major U.S. shale regions will fall by 118,000 barrels per day to...more

Government Contracts Quarterly Update November 2015

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting....more

Federal Court Determines that Employer Use of Employee Health Insurance Premium Payments Breach of ERISA Fiduciary Duties

On November 9, 2015, Minnesota Federal District Judge Susan Richard Nelson ruled that the president and CEO of Faribault Woolen Mills Company breached his fiduciary duties under ERISA by diverting Employee health insurance...more

UPDATE: When Will The Exemption Changes Occur?

Since our recent post on this topic, U.S. Solicitor of Labor M. Patricia Smith has appeared at the annual conference of the American Bar Association's Labor & Employment Law Section. Some of her remarks indicate that the U.S....more

Employment Law Navigator – Week in Review: November 17, 2015

It’s no secret that employers can gain information about productivity and safety if they monitor employees. They can also catch employees engaged in misconduct. In light of a recent advice memorandum from the National Labor...more

New Overtime Regs: Will “Duties Test” Be Beefed Up After All?

You have probably heard by now that Patricia Smith, Solicitor of Labor, announced at the annual labor and employment conference of the American Bar Association that a final rule on the white-collar exemptions to the overtime...more

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