Wage and Hour The United States Department of Labor

News & Analysis as of

Senate HELP Committee Holds Confirmation Hearing for Nominee Acosta to Head Labor Department

The Senate Health, Labor and Pensions (HELP) Committee on March 22, 2017, held confirmation hearings on the nomination of R. Alexander Acosta, President Donald Trump’s pick for Secretary of Labor. Acosta was introduced...more

How to Avoid Disney’s Not-So-Fairy Tale $3.8 Million Payment of Employee Back Wages

On Friday, March 17, 2017, the U.S. Department of Labor (“DOL”) and two subsidiaries of The Walt Disney Co. (“Disney”), the Disney Vacation Club Management Corp., and the Walt Disney Parks and Resorts U.S. Inc., reached an...more

Employment Law Navigator – Week in Review: March 2017 #3

Last week, Quartz reported on a new academic study about gender-based differential treatment in the finance industry. According to the study, women working as financial advisors are 50% more likely than men to lose their...more

Department of Labor Overtime Regulations on Hold

On March 13, 2014, President Obama signed a presidential memorandum that directed the Department of Labor to devise new overtime rules that would make millions of employees eligible for time-and-half pay for overtime hours of...more

Employer-Compliance Obligations and Enjoined DOL Regulations

As previously discussed on this blog in a post dated November 23, 2016, the United States Department of Labor (“DOL”), in May of 2016, issued a final rule (“Final Rule”) revising its regulations construing the so-called...more

Government Workplace Enforcement: Looking Back At 2016 and Ahead to 2017 – Trend #6

While the government enforcement lawsuits brought by the DOL and EEOC in 2016 were in line with their aggressive platforms, by sheer numbers of cases, their enforcement activities were arguably limited in their effectiveness,...more

More About USDOL's Liquidated-Damages Policy

We wrote last December about our ongoing efforts to secure a copy of an undisclosed "policy" that various U.S. Department of Labor officials have referred to in insisting that an employer pay at least some amount in...more

The Perils of Calculating Regular Rate of Pay

Calculating the overtime due to a non-exempt employee under the Fair Labor Standards Act is easy — just multiply the employee’s hourly rate times 1.5 for each hour worked over 40 in a workweek. Right? If only overtime...more

Double Up: New Jersey Senate Introduces Bill to Double Benefits for Paid Family Leave

The New Jersey State Senate has introduced legislation to expand benefits under the state’s Paid Family Leave Law. The bill (S-3085) would double the benefit period from six weeks to 12 weeks and increase the amount of...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Begins to Speak - March 2017

At its February 21, 2017 and March 2, 2017 meetings, the General Assembly’s Labor and Public Employees Committee began the process of approving bills. The following is a listing (with a brief description) of the proposed...more

What 2016 Governmental Enforcement Litigation Trends Suggest For Employers In 2017

Seyfarth Synopsis: Governmental enforcement litigation was a mixed bag in 2016. The U.S. Department of Labor (“DOL”) and the Equal Employment Opportunity Commission (“EEOC”) continued their aggressive enforcement programs,...more

Independent Contractor Standards Uncertain Despite New Administration

Seyfarth Synopsis: It remains to be seen whether the Trump administration will redirect its enforcement priorities away from independent contractor misclassification issues or curtail the applicable standards in the coming...more

[Webinar] A Review of the DOL's Major 2016 Regulatory Initiatives and How (and / or Whether) those will be Implemented in the...

The Department of Labor was extremely active in 2016 as President Obama’s second term came to a close. From more than doubling the threshold salary level to be classified as an exempt employee to requiring employers provide...more

Five Wage and Hour Questions: What’s “In Store” For 2017?

Seyfarth Synopsis: With the new administration and new year well underway, retail employers may be wondering what’s next for likely litigation and legislation impacting their business. Below are thoughts about five questions...more

NY Regulations on Wage Payment by Direct Deposit / Payroll Debit Cards Have Been Invalidated

The New York State Industrial Board of Appeals (the “IBA” or the “Board”) invalidated regulations scheduled to take effect on March 7, 2017, that would have enhanced the notice and authorization requirements for employers...more

Another Nursing Mother's FLSA Claims Settled

The U.S. Department of Labor reports that a California restaurant company has agreed to take steps to remedy alleged: ? Non-compliance with the federal Fair Labor Standards Act's requirement that covered employers give...more

Executive Order Creating Steps for Regulatory Review and Reform Could Target Burdensome Employment Rules

On Friday, President Trump issued an executive order, Enforcing the Regulatory Reform Agenda ("the Order"), which calls for each federal agency to develop a regulatory reform task force to identify burdensome regulations for...more

Employment Law Navigator – Week in Review: February 2017 #4

Last week, the administration rescinded Obama-era federal guidelines interpreting federal anti-discrimination laws to require schools to allow transgender students to use bathrooms corresponding with their gender identity....more

New York Wage Payment Regulations Are Revoked at the Eleventh Hour

Recently, New York’s Industrial Board of Appeals (IBA) revoked regulations issued by the State’s Department of Labor (NYSDOL) governing employee wage payments via direct deposit and payroll debit cards, which were scheduled...more

Update: DOL Regulation for Employers Who Use Direct Deposit and Payroll Debit Cards Invalidated

On February 16, 2017, the New York State Industrial Board of Appeals invalidated and revoked the NYS Department of Labor regulations governing payment of wages by direct deposit or payroll debit card. The regulations were...more

Trumpdate: Tons of employment-related stuff!

The employment law week in Trumpland started out a little slow, but now we’re back in business. Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good...more

Joint Employment: Are Your Subcontractors Leaving You at Risk?

In a recent article, we discussed steps taken by the U.S. Department of Labor ("USDOL") to crackdown on the rampant misclassification of employees as independent contractors. The USDOL effectively created a default rule that...more

What Can Employers Expect from the Trump Administration in the Upcoming Year?

It has been a little less than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect both businesses and employees. President Trump...more

Fourth Circuit Decision Establishes New Six-Factor Test for Determining Joint Employment under the FLSA

On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit established a new six-factor test to determine whether two or more entities are joint employers for purposes of the Fair Labor Standards Act (“FLSA”). ...more

Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule

The appeal regarding the validity of the federal overtime rule will not be fully briefed until May 1, 2017, according to an order issued by the Fifth Circuit on February 22, 2017, granting an unopposed request by the...more

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