News & Analysis as of

Wage and Hour Notice and Comment

Benesch

U.S. Department of Labor Issues Final Rule on Tipped Worker Pay

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On October 29, 2021, the U.S. Department of Labor (“DOL”) issued its final rule outlining the circumstances under which an employer is permitted to take a “tip credit” against its wage obligation to tipped employees, paying...more

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

Rulemaking Redux: DOL Issues Updated Final Rule Adjusting Wage-Level Calculations for H-1B, H-1B1, and E-3 Visa and PERM Cases

On January 12, 2021, the U.S. Department of Labor (DOL) announced an updated final rule designed to increase prevailing wages required for certain visa processes. The updated rule, entitled “Strengthening Wage Protections for...more

Fisher Phillips

Federal Judge Blocks New H-1B Pay Rules

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In a major blow to the Trump administration, a federal court recently struck down two immigration rules that would limit the ability of skilled foreign workers to obtain H-1B visas. In a December 1 ruling, the U.S. District...more

Miller Canfield

U.S. District Court Sets Aside DHS and DOL H-1B Wage Rules

Miller Canfield on

In Chamber of Commerce, et al., v. DHS, et al., the U.S. District Court in California has set aside an interim final rule significantly altering prevailing wages to be paid to certain temporary and permanent foreign workers...more

Fisher Phillips

Web Exclusive: Planning For DOL’s Overtime Rules In A Tough Labor Climate

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The U.S. Department of Labor recently announced proposed regulations on overtime that would render more than 1 million new workers eligible for overtime pay. Coupled with a historically tight labor market, this new rule has...more

Fisher Phillips

Salary-Threshold Autopilot Still Possible

Fisher Phillips on

A BloombergBNA report suggests that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the compensation thresholds specified...more

Haynsworth Sinkler Boyd, P.A.

DOL Rolls Back Its 2016 FLSA Overtime Rule

Yesterday, July 26, 2017, the Department of Labor issued a Request for Information seeking notice and comment from the public before issuing revised proposed regulations regarding the minimum salary level required to meet the...more

Snell & Wilmer

What Will Be Required By the New EEO-1 Pay Data Collection and Reporting Provisions?

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By now, we have all read about the Executive Action and related regulations proposed by the EEOC that will require companies with 100 or more employees (not just federal contractors) to report to the government how much they...more

Parker Poe Adams & Bernstein LLP

DOL Refuses to Extend Comment Period for Overtime Exemption Salary Changes

The 60-day notice and comment period for the Department of Labor’s proposed changes to its Part 541 white collar overtime exemption rules has expired. The agency reports receiving over 200,000 comments to the proposed rules,...more

McGuireWoods LLP

Department of Labor Proposes Doubling Overtime Threshold for Many Exempt Employees

McGuireWoods LLP on

The Fair Labor Standards Act (FLSA) requires most employees to receive the federal minimum wage of $7.25 per hour, and overtime pay for all hours worked over 40 in a workweek. The FLSA exempts several categories of employees...more

King & Spalding

Supreme Court Holds Notice-and-Comment Rulemaking Not Required to Change An Interpretive Rule

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When federal agencies change their interpretive rules, they are exempt from the formal notice-and-comment rulemaking requirements of the Administrative Procedures Act (APA), says the Supreme Court in its recent ruling in...more

Proskauer Rose LLP

Supreme Court Rules That Agency Interpretive Rules Are Not Subject to Notice-and-Comment Rulemaking

Proskauer Rose LLP on

Recently, the Supreme Court issued a unanimous judgment that government agency "interpretive rules" are not subject to notice-and-comment rulemaking, but cautioned that those same rules do not carry the "force and effect of...more

Bergeson & Campbell, P.C.

Supreme Court Confirms That Agency Interpretative Rules Do Not Require Notice and Comment

In a March 9, 2015, decision in Perez v. Mortgage Bankers Ass'n., the U.S. Supreme Court unanimously held that an interpretative rule issued by an administrative agency does not require notice and opportunity for comment,...more

Bradley Arant Boult Cummings LLP

Mortgage Loan Officers are Not Exempt Employees per the DOL and the Supreme Court Says that is Okay

The legal ping-pong match between the Department of Labor (DOL) and the Mortgage Bankers Association (MBA) over whether mortgage loan officers are eligible for overtime appears to be at an end. The Supreme Court recently...more

Dorsey & Whitney LLP

Supreme Court Sides with DOL and Overturns Longstanding DC Circuit Ruling Under Administrative Procedure Act

Dorsey & Whitney LLP on

Perez v. Mortgage Bankers Assn., No. 13 1041: On Monday, March 9, 2015, the Court ruled that a longstanding decision from the DC Circuit under the Administrative Procedure Act (“APA”) was incorrectly decided in contravention...more

Bond Schoeneck & King PLLC

U.S. Supreme Court Holds That DOL May Change Interpretations of Regulations Without Public Notice and Comment

On March 9, 2015, the United States Supreme Court ruled unanimously in two consolidated cases that a federal agency does not have to go through the formal rulemaking process, which includes providing public notice and an...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says Agencies Can Change Rule Interpretation Without Notice and Comment

Companies subject to federal agency regulations sometimes face situations where measures taken to comply with such rules work one day, and then result in violations of those rules the next. Federal administrative agencies...more

Foley Hoag LLP

Supreme Court Authorizes the DOL to Change its Interpretative Guidance without Public Input

Foley Hoag LLP on

On March 9, 2015, the U.S. Supreme Court unanimously held in Perez v. Mortgage Bankers Association, that the Department of Labor (DOL) may issue its interpretations of wage and hour regulations without seeking input from the...more

FordHarrison

Supreme Court Upholds DOL's Rulemaking Procedure in Reclassifying Mortgage Loan Officers

FordHarrison on

On March 9, 2015 the U.S. Supreme Court held that a federal agency is not required to engage in notice-and-comment rulemaking when it issues an interpretation of a regulation that is significantly different from its prior...more

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

Supreme Court Eliminates Notice-and-Comments for Some Agency Interpretations

On March 9, 2015, the Supreme Court of the United States ruled that the Paralyzed Veterans doctrine, which requires an agency to use the notice-and-comment procedures of the Administrative Procedure Act (APA) when issuing a...more

Allen Matkins

The California Implications Of Perez v. Mortgage Bankers Association

Allen Matkins on

On Monday, the U.S. Supreme Court heard oral arguments in Perez v. Mortgage Bankers Ass’n et al. The case, if decided against the Department of Labor (Thomas E. Perez is the Secretary of Labor), will have a significant...more

Holland & Knight LLP

U.S. Supreme Court May Require Notice-and-Comment On More Agency Actions

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On December 1, 2014, the Supreme Court heard oral argument in Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association to address whether a federal agency must engage in notice-and-comment rulemaking...more

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