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
In the wake of the impeachment proceedings, the State of the Union, the Administration’s budget proposal, and the initial rounds of the battle to see who gets the Democratic Presidential nomination, it’s been pretty quiet on...more
2/21/2020
/ #MeToo ,
Cannabidiol (CBD) oil ,
Department of Transportation (DOT) ,
Federal Labor Laws ,
Impeachment ,
Labor Law Violations ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Political Campaigns ,
Political Candidates ,
Presidential Elections ,
Regulatory Agenda ,
Rest and Meal Break ,
Sexual Harassment ,
State Labor Laws ,
Trucking Regulations ,
Trump Administration ,
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
‘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
WHD Rulemakings Full Speed Ahead. This is a busy time for the Wage & Hour Division’s regulatory agenda. Early in the week, the White House approved its final rule updating the regular rate regulations. The updates are...more
12/6/2019
/ Comment Period ,
Compensation & Benefits ,
Data Collection ,
EEO-1 ,
Employee Benefits ,
Employer Liability Issues ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
Gender-Based Pay Discrimination ,
Joint Employers ,
Labor Regulations ,
Legislative Agendas ,
Marijuana ,
OFCCP ,
Over-Time ,
Paid Leave ,
Paid Time Off (PTO) ,
Pay Gap ,
Proposed Legislation ,
Rate of Pay ,
Recreational Use ,
Regulatory Agenda ,
Tipped Employees ,
Tips ,
Trump Administration ,
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
Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more
11/11/2019
/ Administrative Authority ,
Amicus Briefs ,
Bonuses ,
Employee Benefits ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Fluctuating Workweek ,
General Motors ,
Health Care Providers ,
Health Insurance ,
Labor Regulations ,
Legislative Agendas ,
Military Service Members ,
National Interest Waiver ,
NLRB ,
OFCCP ,
Offensive Language ,
Pending Legislation ,
Proposed Rules ,
Regulatory Agenda ,
Retirement ,
Right of First Refusal ,
Rulemaking Process ,
Salaried Employees ,
Section 7 ,
TRICARE ,
Trump Administration ,
Wage and Hour
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
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
The Department of Labor issued its Fall 2018 regulatory agenda, and the Wage & Hour Division is front and center....more
In the Department of Labor’s regulatory agenda for Spring 2015, the Wage & Hour Division announced a request for information (RFI) regarding “the use of technology, including portable electronic devices, by employees away...more