Final Rules

News & Analysis as of

Department of Labor Issues Final Regulations Trimming FLSA Overtime Exemption for White Collar Employees

New Rule Raises Salary Threshold to Qualify for Certain "White Collar" Exemptions. Overview - On May 18, 2016, the U.S. Department of Labor (the "DOL") published its final rule (the "Final Rule") updating overtime...more

The Brave New Fiduciary World Has Arrived – The DOL Tries to Find a More Ideal Balance in the Final “Investment Advice” Rules

The U.S. Department of Labor (the “DOL”) on April 6, 2016 released the final version of its “investment advice” regulation and accompanying prohibited transaction exemptions, a highly-anticipated milestone that is the...more

Think You Are Exempt? New FLSA Salary Thresholds Affect California Employers, Too.

Seyfarth Synopsis: Changes to the FLSA regulations increasing the minimum weekly salary for exempt employees will impact California employees who currently are being paid less than $47,476 per year. Wise employers will start...more

Health and Human Services, Labor and Treasury Departments Release New Summary of Benefits and Coverage Templates and Accompanying...

The Departments of Health and Human Services (“HHS”), Labor (“DOL”), and Treasury (the “Departments”) have jointly released final changes to the Summary of Benefits and Coverage (“SBC”) template, the Uniform Glossary, and...more

FDA Issues Final Rules That Change Nutrition Facts Labels

No more sugar coating—the Rules impose new label requirements, and manufacturers will incur additional costs. The US Food and Drug Administration (FDA or the Agency) has announced the issuance of two new final rules: one...more

FDA Publishes Final Rule for Protection Against Intentional Adulteration as Part of Food Safety Modernization Act

FDA has published as part of the Food Safety Modernization Act (FSMA) a final rule concerning mitigation strategies to protect food against intentional adulteration. The rule will require domestic and foreign food facilities...more

EEOC Unveils Final Rules for Employer Wellness Programs

On May 17, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued two rules specifying how employer-sponsored wellness plans can comply with the Genetic Information Nondiscrimination Act (GINA) and the Americans...more

What Bonuses and Incentive Payments Count As "Discretionary" Under The New Exemption Rules?

One of the more surprising changes in the new FLSA overtime exemption rules is a provision allowing  certain bonuses, commissions, and incentive pay to count for up to 10% of the new increased minimum salary level. However,...more

The FLSA Overtime Regulations Are Changing December 1, 2016: Colleges and Universities Will be Ready

We’ve had plenty of time to adapt and now the new rules are clear. Colleges and universities will be ready. In the spring of 2014, President Obama signed a Presidential Memorandum directing the Department of Labor (DOL) Wage...more

Coaches and Athletic Trainers Under the New FLSA Rules

As schools seek to adjust to the new Department of Labor overtime exemption rules and increased salary standards, nearly every institution has classification and overtime-calculation questions about athletic coaches and...more

Splashdown for DOL Overtime Rules

Please see Infographic below for more information....more

FAQ about OSHA’s Electronic Recordkeeping Rule: Establishment vs. Company-wide?

The one question I have been asked more than any other about OSHA’s new final rule for injury and illness recordkeeping electronic submission (aka the “Improve Tracking of Workplace Injuries and Illnesses” Rule), is whether...more

Changes to Overtime Regulation

On May 18, 2016, the U.S. Department of Labor released a Final Rule updating the overtime regulations that revises the salary test for the "white collar" exemptions to the Fair Labor Standards Act ("FLSA"). The Final Rule...more

EEOC on Workplace Wellness Programs: Final Rules Announced

Earlier this month, the Equal Employment Opportunity Commission issued its final rules on employer wellness programs. The final rules, which go into effect in January 2017, provide guidance on how workplace wellness programs...more

Well Then…The EEOC’s Last Word on Wellness Programs

On May 17, 2016, the EEOC issued final regulations on employer-sponsored wellness programs under both the ADA and GINA. Wellness programs have been discussed on this blog before, so I’ll skip the backgrounder. Suffice it to...more

The New Overtime Regulations: How Will They Affect Your Workplace? (Part 1)

On May 18, 2016, the Department of Labor (DOL) unveiled the final version of its highly anticipated overtime regulations. In its first increase since 2004, the standard minimum salary level for exemption from overtime under...more

CMS Announces Final Rule Updating Fire Safety for Healthcare Facilities

The Centers for Medicare and Medicaid Services (CMS) recently published a final rule updating fire safety requirements for healthcare facilities in an effort to increase patient safety and adapt to the needs of an aging...more

Tick-Tock: The Overtime Clock Starts Running For Millions More Workers

On May 18, 2016, the U.S. Department of Labor’s Wage and Hour Division (“DOL”) issued a final rule modifying overtime eligibility under the Fair Labor Standards Act (“FLSA”). The final rule, which goes into effect on December...more

FERC Finalizes Hold-Harmless Policy and Strikes the Most Problematic Proposals

FERC guidance clarifies the scope of the hold-harmless commitments offered in electric utility mergers and acquisitions, but discards its initial proposal to make those commitments open-ended. On May 19, the Federal...more

The DOL’s New Overtime Rule: Considerations for California Employers

As we reported earlier, the DOL has now released its final overtime rule. Two of the biggest takeaways are that the new rule (1) greatly increases the minimum salary threshold of the so-called “white collar” exemptions (at...more

Final DOL Rule Expands Number of Exempt Employees Entitled to Overtime Pay

The U.S. Department of Labor (DOL) has issued a final rule that will expand the number of exempt employees entitled to claim overtime pay. The rule's provisions will go into effect on December 1, 2016. The passage of the...more

Recent Investment Management Developments - May 2016

Below is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management...more

PTAB Trials Rule Package Library

Some of you have requested a collection of the rule packages from the PTAB. ...more

DOL Raises Minimum Salary Requirements for White-Collar Exemptions

The Department of Labor (DOL) has issued its long-anticipated final rule updating the minimum salary requirements for white-collar workers, beginning the countdown for employer compliance. The final rule largely follows the...more

Final Overtime Regulations Issued By DOL

On May 18, 2016, the federal Department of Labor (DOL) announced the publication of the much-anticipated final rule updating the overtime regulations under the federal Fair Labor Standards Act (FLSA). The final rule was...more

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