At a U.S. Department of Labor (DOL) budget hearing before the Subcommittee for Labor, Health and Human Services, Education, and Related Agencies of the Appropriations Committee for the U.S. House of Representatives, Secretary...more
By almost all accounts, the Trump administration, under the leadership of Secretary of Labor-designate Andrew Puzder, should inherit the part 541 regulations of the Obama administration that dramatically increased the salary...more
On June 20, 2016, the Supreme Court of the United States issued a ruling regarding the Fair Labor Standards Act’s (FLSA) overtime exemption for “any salesman, partsman, or mechanic primarily engaged in selling or servicing...more
6/21/2016
/ Arbitrary and Capricious ,
Car Dealerships ,
Chevron Deference ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Over-Time ,
SCOTUS ,
Service Advisors ,
Wage and Hour ,
White-Collar Exemptions
The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per...more
The U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA’s) Part 541 overtime regulations to the Office of Information and Regulatory Affairs...more
As the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget concludes its review of the proposed final overtime regulations, the issuance of new regulations defining and delimiting the...more
On March 15, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s Part 541 overtime regulations to the Office of Information and Regulatory...more
In testimony before the House Education and Workforce Committee on Tuesday, March 16, 2016, U.S. Secretary of Labor Thomas E. Perez commented about several regulatory priorities and other U.S. Department of Labor (DOL)...more
3/18/2016
/ Congressional Investigations & Hearings ,
CRA ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
OIRA ,
Over-Time ,
Presidential Veto ,
Proposed Legislation ,
Secretary of Labor ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Labor’s (DOL) Wage and Hour Division just delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA) Part 541 overtime regulations to the Office of Information and Regulatory...more
3/16/2016
/ Congressional Investigations & Hearings ,
CRA ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
OIRA ,
Over-Time ,
Presidential Veto ,
Proposed Regulation ,
Wage and Hour ,
White-Collar Exemptions
On January 20, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor released an Administrator’s Interpretation (AI) on joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal...more
A federal appellate court recently dismissed a lawsuit brought by a paramedic who claimed that his employer unlawfully placed him on alternative duty after he refused to participate in a wellness program. According to the...more
On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more
10/29/2015
/ Americans with Disabilities Act (ADA) ,
Browning-Ferris Industries of California Inc. ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Federal Register ,
Foreign Students ,
Form F-1 ,
Franchisee ,
Franchises ,
Franchisors ,
Harassment ,
Home Health Agencies ,
Home Health Care ,
Home Healthcare Workers ,
Hostile Environment ,
Immigration Reform ,
Independent Contractors ,
Internships ,
Joint Employers ,
Minimum Wage ,
Misclassification ,
NLRA ,
NLRB ,
NPRM ,
Nurse Practitioners ,
OPT ,
Reasonable Accommodation ,
Retaliation ,
Right to Privacy ,
Severance Pay ,
Social Media Policy ,
Staffing Agencies ,
STEM ,
Student Employees ,
Unpaid Interns ,
Veterans ,
Wage and Hour
Now that the Obama Administration and U.S. Department of Labor (DOL or Department) have released its proposal to revise the Part 541 overtime regulations, it is important to understand what may be next and when we can expect...more
7/9/2015
/ Barack Obama ,
Department of Labor (DOL) ,
Executive Orders ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Non-Exempt Employees ,
NPRM ,
Regulatory Agenda ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
On June 30, 2015, the U.S. Department of Labor (DOL) announced its long-awaited proposed rule that would revise the regulations concerning the white collar exemption contained in section 13(a)(1) of the Fair Labor Standards...more
On Thursday, May 21, 2015, the White House, through its executive branch and other federal agencies, issued the Spring 2015 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more
Today, the U.S. Department of Labor (DOL) published proposed guidance addressing the controversial Fair Pay and Safe Workplaces Executive Order 13673, which President Obama signed on July 31, 2014 (80 Fed. Reg. 30574 (May 28,...more
On Tuesday, May 5, 2015, the U.S. Department of Labor (DOL) announced that it had sent its draft proposed part 541 overtime regulations to the Office of the Information and Regulatory Affairs (OIRA) at the Office of...more
The Council of the District of Columbia passed the Wage Theft Prevention Amendment Act (WTPAA) of 2014 which then mayor Vincent C. Gray signed in September 2014. Pursuant to the District of Columbia Home Rule Act, this...more
On October 7, 2014, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published its Final Rule establishing standards and procedures to implement Executive Order 13658, entitled “Establishing a Minimum...more
After a long hiatus, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) released its updated enforcement statistics for fiscal years (FY) 2009 through 2013. The federal government’s fiscal year runs from...more
On February 12, 2014, President Barack Obama signed Executive Order 13658 (“Establishing a Minimum Wage for Contractors”), with instructions to U.S. Secretary of Labor Thomas E. Perez to issue regulations by October 1, 2014...more
On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more
6/4/2014
/ Affirmative Action ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
HUD ,
Minimum Wage ,
NLRB ,
Obama Administration ,
OFCCP ,
OMB ,
Persuader Rules ,
Proposed Regulation ,
Regulatory Agenda ,
Unions ,
Unpaid Overtime ,
Wage and Hour
In Carrion v. Agfa Construction, Inc., the Second Circuit Court of Appeals recently reaffirmed its prior interpretation that there is no private right of action under the Davis-Bacon Act (DBA) to recover prevailing wage or...more
In the first part of this series, we examined the three major strategies in the U.S. Department of Labor’s (DOL) regulatory agenda. In part two of this two-part series, we will look at one regulatory topic of great interest....more
In this two-part series of blog posts we will examine the regulatory agenda of the U.S. Department of Labor’s (DOL) Wage and Hour Division.
Late last year, the Wage and Hour Division (WHD), along with other regulatory...more