News & Analysis as of

NPRM Wage and Hour

K&L Gates LLP

Proposed Rule by the Federal Acquisition Regulatory Council Would Ban the Use of Salary History Data by Federal Contractors and...

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On 29 January 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a Notice of Proposed Rule Making (NPRM) that would prohibit federal contractors and subcontractors from seeking and considering information...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Raises Software Employee Pay Minimums for Overtime Exemption

Beginning January 1, 2024, California employees may have to pay overtime to more computer software employees who earn less than $115,763.35 per year, or $55.58 per hour, or $9,646.96 per month....more

Bodman

Department of Labor Proposes an Increase to the FLSA Exempt Employee Salary Threshold; Is 2023(4) the New 2019 or 2017?

Bodman on

On August 30, 2023 the U.S. Department of Labor (“DOL”) announced the much anticipated Notice of Proposed Rulemaking (“NPRM”) which, if implemented, would increase certain otherwise salary exempt employees’ compensation under...more

DirectEmployers Association

OFCCP Week In Review: September 2023 #4

Monday, September 18, 2023: Second USDOL WHD PUMP Act Enforcement Action Assessed Penalties Against Employer for Alleged Failure to Provide Pumping Privacy - The U.S. Department of Labor’s Wage and Hour Division (“WHD”)...more

Clark Hill PLC

5 Things Employers Should Know About the DOL’s Proposed New Overtime Rules

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On Aug. 30, the U.S. Department of Labor issued its much-anticipated notice of proposed rulemaking (“NPRM”) to update the Fair Labor Standards Act’s overtime exemptions. If finalized, the rule would raise the salary threshold...more

Littler

Will the FLSA Regulations for Exempt Employees Apply to Puerto Rico Operations?

Littler on

On August 30, 2023, the United States Department of Labor, Wage and Hour Division, released a Notice of Proposed Rulemaking (NPRM) to update and revise the regulations under the federal Fair Labor Standards Act regarding...more

Goodwin

DOL Proposes Substantial Increases in Minimum Salary for Most Exemptions from Overtime Pay under the FLSA

Goodwin on

On August 30, 2023, the Department of Labor (“DOL”) announced its issuance of a Notice of Proposed Rulemaking (“NPRM”). In the NPRM, the DOL proposes to increase substantially the salary threshold for most employees to be...more

Eversheds Sutherland (US) LLP

Department of Labor issues notice of proposed rulemaking to increase salary threshold for FLSA exemptions

On August 30, 2023, the US Department of Labor (DOL) announced a Notice of Proposed Rulemaking (NPRM) that it claims will “restore and extend overtime protections to 3.6 million salaried workers” throughout the United States....more

Seyfarth Shaw LLP

The IRS – Finally – Publishes a Notice of Proposed Rulemaking Clarifying Inflation Reduction Act Prevailing Wage and...

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Seyfarth Synopsis: This alert summarizes the IRS’s recent notice of proposed rulemaking on complying with prevailing wage and apprenticeship requirements under the Inflation Reduction Act and explains key provisions...more

Obermayer Rebmann Maxwell & Hippel LLP

The “Threshold Issue” - Will the Federal Overtime Rule Change (Again)?

This fall, employers may be faced with tough choices about how to handle overtime pay – at least, if the US Department of Labor (“DOL”) has its way.  Today, the DOL announced a notice of proposed rulemaking that would make it...more

Miller Canfield

DOL Proposes New Overtime Salary Threshold

Miller Canfield on

The Department of Labor (DOL) announced a notice of proposed rulemaking (NPRM) that would increase the Fair Labor Standards Act’s (FLSA’s) annual salary-level threshold to $55,068 from $35,568 for white-collar exemptions to...more

Seyfarth Shaw LLP

Break out the Neon: ‘80s Era Davis-Bacon “Prevailing Wage” Definition Restored in DOL Final Rule

Seyfarth Shaw LLP on

On August 8, 2023, the U.S. Department of Labor (DOL) announced its final rule related to the Davis-Bacon Act (the “Act”), entitled “Updating the Davis-Bacon and Related Acts Regulations.”  However, the official final rule...more

DirectEmployers Association

OFCCP Week In Review: August 2023

Tuesday, August 1, 2023: JOLTS Report – Job Openings Decreased by 34k in June, Rate Steady at 5.8% Official logo for the U.S. Bureau of Labor Statistics (BLS)The number of job openings in June was 9,582,000 – a small...more

DirectEmployers Association

OFCCP Week In Review: June 2023 #3

Tuesday, June 13, 2023: U.S. NLRB Returned to Obama-Era Independent Contractor Standard for NLRA Coverage - Ruling Makes It Harder for Employers to Treat Workers as Independent Contractors - Decision Will Also Impact...more

Seyfarth Shaw LLP

The Biden Administration Issued Its Spring 2023 Regulatory Agenda . . . in (Late) Spring 2023! What’s in the Works for DOL...

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Seyfarth Synopsis: On June 13, 2023, the Biden Administration announced the release of its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (the 2022 Fall Agenda was issued in January 2023). In connection...more

Jackson Lewis P.C.

Department of Labor Sets August 2023 as Current Anticipated Release Date for Proposed Overtime Rule

Jackson Lewis P.C. on

According to the latest report from the U.S Department of Labor (DOL) regarding its regulatory agenda, released this week, the DOL has now set the publication of the new proposed Overtime Rule for August 2023. However, given...more

Jackson Lewis P.C.

U.S. Department of Labor Further Delays Release of Independent Contractor Final Rule

Jackson Lewis P.C. on

In a June 9, 2023 filing with the U.S. Court of Appeals for the Fifth Circuit, the U.S. Department of Labor (DOL) stated that its Independent Contractor (IC) Final Rule, addressing the standard for determining whether a...more

Seyfarth Shaw LLP

DOL’s Proposed FLSA Independent Contractor Rule: Control and Scheduling

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On October 11, 2022, the Department of Labor (DOL) issued a notice of proposed rulemaking (“NPRM”) defining employee versus independent contractor status under the Fair Labor Standards Act. We previously discussed the way in...more

Robinson+Cole Health Law Diagnosis

CMS Proposes New Rule that Would Require 80% of Payment to Go Toward Home Care Worker Compensation

On April 27, 2023, the Centers for Medicare & Medicaid Services (CMS) released a Notice of Proposed Rulemaking entitled Ensuring Access to Medicaid Services (Proposed Rule) which would, among other things, establish...more

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Keating Muething & Klekamp PLL

Independent Contractor Classification - Deadline to Submit Comments on the Notice of Proposed Rulemaking is Approaching

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor...more

Burr & Forman

Department of Labor’s Notice of Proposed Rulemaking – Independent Contractor Classification Under the Fair Labor Standards Act

Burr & Forman on

Fair Labor Standards Act - The FLSA establishes minimum wage, overtime pay, and payday standards, in addition to recordkeeping obligations and other workplace mandates. Importantly, the FLSA only places requirements on...more

Eversheds Sutherland (US) LLP

Notice of proposed rulemaking: Employee or independent contractor classification under the Fair Labor Standards Act?

​​​​​​​The US Department of Labor, Wage and Hour Division (DOL) released its Notice of Proposed Rulemaking (NPRM) pertaining to independent contractor analysis on October 11, 2022. The proposed rule is intended to revise the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - July 2022 #3

EEOC Updates COVID-19 Guidance. On July 12, 2022, the U.S. Equal Employment Opportunity Commission updated its COVID-19 guidance as it relates to the testing of employees in the workplace. Since the start of the pandemic, the...more

Jackson Lewis P.C.

Top Five Labor Law Developments for June 2022

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1. The National Labor Relations Board modified its electronic notice posting requirements for workplaces impacted by COVID-19. Paragon Systems, Inc., 371 NLRB No. 104 (June 2, 2022)....more

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