NPRM

News & Analysis as of

Employer Wage and Hour Headaches Continue in 2015

The trend of wage and hour developments facing employers continues in 2015 with the U.S. Department of Labor (DOL) recently issuing a proposed rule that would update the regulations governing the white collar exemptions to...more

Input Sought on New Rules to Extend Overtime to More Workers

Employers and other stakeholders have just a few weeks in which to provide input on proposed regulations which would raise the salary threshold for workers exempt from overtime to $50,440 a year. On July 6, 2015 the...more

The Department of Labor Proposes to Extend Overtime Pay to Nearly 5 Million Workers

Last month, the Department of Labor (“DOL”) released a proposal that would more than double the salary threshold that determines which workers are eligible for time-and-a-half pay when working more than 40 hours in a week....more

Proposed Regulations Target Management Fee Waivers

In the Federal Register for July 23, 2015, the Treasury Department published proposed regulations regarding the circumstances under which partnership allocations and distributions will be treated as disguised payments for...more

Proposed Regulations on Disguised Payments for Services and Management Fee Waivers

On July 23, 2015, the Internal Revenue Service (“IRS”) issued a Notice of Proposed Rulemaking (the “Notice”) which proposed Treasury regulations under Section 707(a)(2)(A) of the Internal Revenue Code of 1986, as amended (the...more

Proposed Treasury Regulations Offer Guidance on Disguised Payments for Services

Fee waivers by partners for services rendered to their partnerships will now be subject to scrutiny by the Internal Revenue Service (the “IRS”), pursuant to the Treasury Department’s notice of proposed rulemaking (the...more

Fate of Injection Wells in Historically Exempt Aquifers Comes Closer to Determination

A lawsuit seeking an immediate halt to oil and gas wastewater injection at 2,500 wells across California took a positive turn for energy producers last week as Superior Court Judge George C. Hernandez denied plaintiffs’...more

FCC Proposing to Further Streamline Equipment Authorizations

Last week, the Federal Communications Commission (“Commission”) released a Notice of Proposed Rulemaking (“NPRM”) seeking comment on several proposals to update and modify the rules governing the procedures Radiofrequency...more

Small Business Committee holds hearing to explore commercial drone operations

On Wednesday, July 15, the House Committee on Small Business (the Committee) held a hearing, titled “Taking Flight: Small Business Utilization of Unmanned Aircraft,” aimed at exploring small business use of drones. The...more

Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar...more

Misclassification in the Cross-Hairs: DOL Issues new Interpretive Guidance

The U.S. Department of Labor has been busy of late. Fresh off of issuing a new Notice of Proposed Rulemaking proposing major changes to overtime exemptions (as summarized by HRLegalist), DOL Administrator David Weil has...more

Department of Labor Proposes Regulations Expanding Overtime Eligibility

On June 30, 2015, the U.S. Department of Labor (DOL) issued highly anticipated proposed regulations that would make it harder for employers to classify employees as exempt from overtime pay requirements. The proposal is in...more

Proposed DOL Rulemaking Means Uncertainty for Manufacturers

On June 30, 2015, the United States Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking comments on a proposal to raise the salary threshold for the so-called “white-collar” exemptions from $455 per week...more

DOL to Double Salary Test

The DOL released its long-awaited Notice of Proposed Rulemaking to update the salary requirements for the FLSA’s white collar exemptions (e.g., executive, administrative, and professional employees). Some highlights of the...more

Independent Contractors And Overtime: The DOL Steps Into The Ring With Jarring New Regulations

The U.S. Department of Labor (DOL) has recently taken a firm stance on two of the most controversial issues facing American employers: overtime compensation and misclassification of employees as independent contractors. ...more

Proposed Changes to FLSA White-Collar Exemptions

On July 6, 2015, the U.S. Department of Labor publically released proposed changes to the FLSA white-collar exemptions that could have sweeping effects on all employers, large and small. Even though the final regulations will...more

BREAKING: U.S. Department of Labor Issues Proposed Rule Amending the FLSA White Collar Exemptions

The U.S. Department of Labor (DOL) has just released its long-awaited proposed rule that would amend the minimum wage and overtime exemptions applicable to executive, administrative, professional, and computer employees under...more

A Wolf in Sheep's Clothing? The Department of Labor's Proposed Changes to the White Collar Exemptions

On June 29, 2015 the Department of Labor published its long-anticipated proposed rule and request for comments on changing the "white collar" exemptions for the executive, administrative and professional exemptions under the...more

DOL Will Require Overtime for Employees Who Earn Less Than $50,000

In a much-anticipated move, on June 30, 2015, the Department of Labor issued a proposed rule requiring a weekly salary of at least $970.00, or $50,440.00 annually, for employees to be exempt from the Fair Labor Standards...more

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

Should Employers Be Allowed to Count Nondiscretionary Bonuses Toward the FLSA’s Minimum Salary Threshold? The DOL Wants Your...

As we reported last week in “A Call to Action: The Comment Period on the new Proposed Overtime Regulations Begins,” employers have a limited window of opportunity to submit comments in response to the proposed revisions to...more

Answering Your Questions about the New FLSA Regulations [Wage & Hour FAQ]

As you undoubtedly know by now, the Department of Labor’s Wage & Hour Division (WHD) finally announced its long-promised proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, those governing...more

Evaluating The Impact Of USDOL's Salary Proposal

The U.S. Labor Department has of course proposed a substantial increase in the minimum salary amount required to meet the basic compensation criterion for an executive, administrative, professional, or a derivative exemption...more

DOL Proposed Overtime Rules Raise Possibility of Expansion of Computer Professional Exemption

Last week’s announcement by the Department of Labor of proposed changes to its Part 541 overtime exemption rules appropriately focused on the huge increase to the salary test required for exempt employees. Buried within the...more

Proposed Rule Changing Overtime Regulations Is Issued by DOL

On July 6, 2015, the federal Department of Labor (DOL) published in the Federal Register a Notice of Proposed Rulemaking (NPRM) announcing proposed changes to the overtime pay regulations under the Fair Labor Standards Act...more

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