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

Back to the Future? The NLRB Clouds the Waters of Joint Employment

In a landmark decision overturning 30 years of established precedent, the National Labor Relations Board (NLRB) has expanded the definition of “joint employment” for purposes of assessing joint-employer status under the...more

FedEx Appeals Court Loss – The Implications

On July 8, 2015, the United States Court of Appeals for the Seventh Circuit ruled in favor of FedEx drivers who claimed the Company’s treatment of them as independent contractors violated the Kansas Wage Payment Act. ...more

September and October 2015 Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans

Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties. To avoid such...more

Employee or Independent Contractor? Uber Court Moves One Step Closer to Answering This Critical Question

Many of us perhaps have grown accustomed to riding Uber and enjoy the often significant discounts that their services may provide as compared to traditional taxi companies, and a recent case is certainly closely watched...more

New NLRB Ruling is Indicative of Significant Change in Federal Employment Law

Since last Thursday, the Internet has been buzzing with news of the National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., which held that a Silicon Valley recycling center was a “joint...more

No extension for you! Employers – brace for the impact of the new DOL overtime rules

The US Department of Labor’s (DOL) Wage and Hour Division Administrator David Weil reportedly told Congress on Monday that the agency will not extend the 60-day public comment period for its proposed regulation narrowing the...more

What Does the Latest Uber Decision Mean for Your Gig Business?

If you tuned in to my appearance a few months ago on Bloomberg Law Radio, you heard me bemoaning our legal system’s failure to catch up with the gig economy. For those of you who don’t know, the term “gig economy” (also...more

Vermont Department of Labor and U.S. DOL Agree to Work Together Against Misclassification

On September 3, 2015 the U.S. Department of Labor (“U.S. DOL”) and the Vermont Department of Labor (“VDOL”) signed a three-year memorandum of understanding to share information and conduct joint investigations regarding...more

DOL Will Not Extend Comment Period on Proposed Regulations

In July, we wrote about the Department of Labor’s proposed changes to the regulations governing the white collar exemptions of the Fair Labor Standards Act. The current regulations governing these exemptions—executive,...more

Fifth Circuit Rules on Tip Pooling

In Montano v. Montrose Restaurant Associates, Inc., the U.S. Court of Appeals for the Fifth Circuit was presented with what may seem like an easy issue:  does including a “coffeeman” in a tip pool invalidate the tip credit? ...more

"Fair Pay" Rules Just Aren't Fair

Last summer, President Obama issued an Executive Order with the goal of barring bad companies from winning federal contracts. WIPP, along with most in the contracting community, agrees that companies that follow the rules...more

The Employee Fair Classification Act

In August 2015, the North Carolina House of Representatives sent a bill to the Senate that would create an oversight board for employee classification. See H.B. 482. The Employee Fair Classification Act could significantly...more

Be Warned: Federal Guidance on Misclassification States that “Most Workers Are Employees,” Not Independent Contractors

On July 15, 2015, the United States Department of Labor (“DOL”) released official guidance addressing the misclassification of employees as independent contractors. The guidance, Administrator’s Interpretation No. 2015-1...more

Advertising Requirements in PERM—A Survey of BALCA’s Application of 20 CFR § 656.17(f)(7)

The U.S. Department of Labor’s (DOL) permanent labor certification (PERM) program requires employers to conduct specific recruiting activities to test the labor market before filing an application. The regulation at 20 CFR §...more

Appeals Court Upholds USDOL’s New Minimum Wage and Overtime Rules for Home Care Workers Employed by Home Health Care Agencies

Reversing a decision celebrated by employers in the home care industry, the U.S. Court of Appeals has ruled that home health care agencies must comply with the U.S. Department of Labor’s (“DOL”) 2013 domestic service...more

Hospitality Industry Targeted in Proposed White Collar Overtime Regulations

In a March 13, 2014, memorandum, President Barack Obama directed the Department of Labor (DOL) to "modify," "streamline" and "simplify" the federal regulations regarding exemptions to overtime under the Fair Labor Standards...more

DOL Clarifies Fiduciary Duties for Defined Contribution Plan Sponsors Offering Annuity Contracts

The availability of annuity options under defined contribution plans has increased in recent years due to the shift from defined benefit to defined contribution plans. Fiduciaries, however, are often concerned with potential...more

Are Your Contractors Actually Employees? DOL Says Probably Yes

Last month, the U.S. Department of Labor (USDOL) issued an Administrator's Interpretation aimed at addressing what it characterizes as the “problematic trend” of employers misclassifying workers as independent contractors...more

How Much Time Can New Parents Take Off?

Paid leave for new parents, both mother and fathers, has been in the headlines as of late as the U.S. Department of Labor promotes its “Lead on Leave” initiative. The question for employers, however, is just how much time may...more

Practice Spotlight: Top 10 Questions Employers Have About the Newly Proposed Overtime Regulations

Employers across the country are trying to get their arms around the implications of the Department of Labor's (DOL) proposed changes to the overtime regulations. These proposed changes, which were published on June 30, 2015,...more

Comment Period Will Not Be Extended

There will be no extension of the original 60-day period for commenting on the U.S. Labor Department's proposals and requests relating to the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. U.S. Wage and Hour...more

U.S. Court of Appeals Reinstates Labor Department’s Wage Rule for Home Care Workers

On August 21, 2015, the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) reinstated Department of Labor (DOL) regulations that require home care agencies and other third-party employers of...more

Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act...more

Employee Benefits Developments August 2015

Certain Closely Held For-Profit Employers Need Not Provide Women’s Contraceptive Services. Under the ACA, non-grandfathered group health plans must cover specified preventive services, including certain women’s preventive...more

The American Bar Association Joins Growing Chorus Of Groups Raising Concerns About Fair Pay And Safe Workplaces Regulations

On August 26, 2015, the Section of Public Contract Law of the American Bar Association (“ABA”) submitted public comments to the General Services Administration (“GSA”) and the U.S. Department of Labor (“DOL”) on their...more

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