NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more
3/3/2020
/ #MeToo ,
Apprenticeships ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Federal Contractors ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
NLRA ,
NLRB ,
OFCCP ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Sexual Harassment ,
Staffing Agencies ,
Unions ,
Wage and Hour
All the President’s Budget. As you know, the Trump Administration’s FY2021 budget was submitted to the Congress last week. While effectively only a blueprint for future negotiations with Congress--particularly since it is the...more
2/21/2020
/ Caseloads ,
Congressional Investigations & Hearings ,
CW-1 ,
Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Federal Budget ,
H-1B ,
H-2A ,
H-2B ,
Immigration Reform ,
Judicial Appointments ,
Legislative Agendas ,
Pay Data ,
Pay Discrimination ,
PERM ,
Prevailing Wages ,
Proposed Legislation ,
Regulatory Agenda ,
Rulemaking Process ,
Training ,
Trump Administration
Seyfarth Synopsis: On January 15, 2020, the Department of Labor’s Final Rule on regular and basic rates of pay will take effect. This series will explore the various issues implicated by the Department’s changes. Part I...more
1/15/2020
/ Compensation & Benefits ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Reform ,
Labor Regulations ,
Over-Time ,
Rate of Pay ,
Rulemaking Process ,
Wage and Hour ,
Wages
‘Twas the week before Christmas, in a year for the ages. So here’s our latest recap of hours and wages. The letters and laws. The regulations and cases. A year’s worth of matters that impacted workplaces....more
12/20/2019
/ Department of Labor (DOL) ,
Final Rules ,
Fluctuating Workweek ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Rate of Pay ,
Regulatory Agenda ,
Rulemaking Process ,
SCOTUS ,
Tips ,
Wage and Hour
Once. Twice. Three Times for JE. This week, the Administration released its Fall 2019 Regulatory Agenda, which identifies the work expected to be done by the regulatory agencies during the next year. Key among the labor...more
11/27/2019
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Mine Safety and Health Administration (MSHA) ,
NLRB ,
OSHA ,
Proposed Rules ,
Regulatory Agenda ,
USCIS ,
Wage & Hour Division (WHD) ,
Workplace Violence Prevention Programs
Electronic H-2B Notifications Coming Soon. The Departments of Labor and Homeland Security issued a final rule modernizing the recruitment requirements under the H-2B program. Specifically, the Departments have eliminated the...more
11/18/2019
/ Apprenticeships ,
Congressional Investigations & Hearings ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Federal Labor Laws ,
H-2B ,
Job Ads ,
Minimum Salary ,
Minimum Wage ,
Paid Leave ,
Reporting Requirements ,
State Labor Laws ,
Trump Administration
Seyfarth Synopsis: The U.S. Department of Labor’s Wage & Hour Division issued a proposed rule on the fluctuating workweek method of pay. The proposal continues a regulatory saga started in 2008, and clarifies that payments in...more
11/5/2019
/ Comment Period ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fluctuating Workweek ,
Incentive Compensation ,
Labor Regulations ,
Proposed Rules ,
Rate of Pay ,
Rulemaking Process ,
Wage and Hour ,
Work Schedules
Seyfarth Synopsis: The U.S. Department of Labor announced its final rule updating and revising the regulations issued under the Fair Labor Standards Act (FLSA) regarding the earnings thresholds necessary to exempt executive,...more
9/25/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
Last week, Seyfarth submitted comments regarding the DOL’s proposal to update the federal regulations that set the standard for determining whether a business can be held liable as a joint employer under the FLSA. ...more
Recently, the comment period ended for the Department of Labor’s Notice of Proposed Rulemaking seeking to revise and update the regulations interpreting the Fair Labor Standards Act’s (“FLSA”) regular rate of pay...more
6/26/2019
/ Bonuses ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Legislative Agendas ,
Rate of Pay ,
Reimbursements ,
Rest and Meal Break ,
Rulemaking Process ,
Sick Pay ,
State Labor Laws ,
Vacation Pay ,
Wage and Hour
Earlier last week, the comment period ended for the U.S. Department of Labor, Wage & Hour Division’s proposed rule increasing the salary threshold for the FLSA’s white collar exemption. The proposal received more than...more
Welcome to our latest installment of Regulatory Spring, Seyfarth Shaw’s weekly blog series covering the U.S. Department of Labor’s three-headed effort to revise and modernize various core components of the Fair Labor...more
Seyfarth Synopsis: On April 1, 2019, the U.S. DOL announced a proposed rule to clarify joint employment under the FLSA. The rule would establish a four-factor balancing test for joint employer status....more
4/3/2019
/ Administrative Interpretation ,
Comment Period ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
Proposed Rules ,
Regulatory Agenda ,
Restaurant Industry ,
Rulemaking Process ,
Staffing Agencies ,
Wage and Hour
Seyfarth Synopsis: In the latest chapter in the ongoing saga of the U.S. Department of Labor’s efforts to increase the salary threshold required for most white-collar exemptions, on March 7, 2019, the Department announced a...more
3/13/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
NPRM ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
Since 2015, we have been following the saga of the salary threshold for the FLSA’s white-collar exemptions (most of them, at least). ...more
The Department of Labor issued its Fall 2018 regulatory agenda, and the Wage & Hour Division is front and center....more
Remember that time when the Wage & Hour Division published a final rule increasing the minimum salary level for the white-collar exemptions to $47,476 per year? And then a court enjoined the rule from going forward? And...more
As we’ve reported previously, among the items the Department of Labor identified earlier this year in its Regulatory Agenda was a Notice of Proposed Rulemaking (NPRM) seeking to rescind portions of a 2011 rule that restricted...more
10/26/2017
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
NPRM ,
OIRA ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
The White House announced its intent to nominate Cheryl Stanton to serve as the Administrator of the U.S. Department of Labor’s Wage & Hour Division. Stanton currently serves as the Executive Director for the South Carolina...more
Seyfarth Synopsis: On Thursday afternoon, a federal judge in Texas issued an order officially invalidating the U.S. Department of Labor’s 2016 overtime rule, which would have more than doubled the minimum salary level for...more
On July 26, 2017, the U.S. Department of Labor will publish its anticipated Request for Information on the White-Collar Overtime Exemption in the Federal Register. The RFI will give the regulated community 60 days to provide...more
Each spring and fall, Washington waits with bated breath as the Executive Branch releases its regulatory agenda. As the first pronouncement of some of the specifics of the Trump Administration’s regulatory plans, this year’s...more
7/20/2017
/ Department of Labor (DOL) ,
Disability Discrimination ,
Fair Labor Standards Act (FLSA) ,
NPRM ,
Over-Time ,
Regulatory Reform ,
Tip Credit ,
Tip-Pooling ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: On June 30, the Department of Labor filed its reply brief to support its appeal from a preliminary injunction that enjoined the DOL from implementing its 2016 revisions to the salary-level tests for...more
Seyfarth Synopsis: On June 30, the Department of Labor filed its reply brief to support its appeal from a preliminary injunction that enjoined the DOL from implementing its 2016 revisions to the salary-level tests for...more
At last, the federal government has filed its reply brief in the Fifth Circuit concerning its appeal from a Texas district court’s order preliminarily enjoining the 2016 revisions to the FLSA’s executive, administrative, and...more