On August 28, 2020, the U.S. Department of Labor (“DOL”) published in the Federal Register a final rule that substantially revises its practices with respect to guidance documents. The “Promoting Regulatory Openness through...more
The U.S. Department of Labor issued its final rule amending the overtime regulations today, without any significant changes from the proposed rule the agency issued in March 2019. Here’s the bottom line....more
9/25/2019
/ Bonuses ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Incentive Compensation ,
Minimum Salary ,
Minimum Wage ,
Misclassification ,
New Rules ,
Non-Exempt Employees ,
Obama Administration ,
Over-Time ,
Salaried Employees ,
Sales Commissions ,
Trump Administration ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
On December 12, Proskauer partners Allan Bloom, Elise Bloom, and Harris Mufson delivered a webinar focused on how recent developments in the law impact the ground rules and key strategies for settlement in four distinct areas...more
12/21/2018
/ #MeToo ,
Class Action ,
Collective Actions ,
Confidentiality Agreements ,
Department of Labor (DOL) ,
Employment Contract ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
FRCP 41 ,
Judicial Review ,
Non-Disparagement Provisions ,
OSHA ,
Securities and Exchange Commission (SEC) ,
Sexual Harassment ,
Trump Administration ,
Wage and Hour ,
Whistleblowers
In this episode of The Proskauer Brief, senior counsel Harris Mufson and partner Allan Bloom discuss recent developments in federal overtime rules. The Trump administration recently released its fall 2018 regulatory agenda,...more
Since 1966, Section 3(m) of the Fair Labor Standards Act permits an employer to take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (currently...more
10/22/2018
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Obama Administration ,
Rescission ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Trump Administration ,
Wage and Hour
It doesn’t seem that long ago that employers were busily preparing for the new overtime rule that would have doubled the minimum salary level for the “white collar” exemptions from $23,660 to nearly $48,000. That new...more
10/16/2018
/ Corporate Counsel ,
Department of Labor (DOL) ,
Exempt-Employees ,
Minimum Salary ,
Notice of Proposed Rulemaking (NOPR) ,
NPRM ,
Obama Administration ,
Over-Time ,
Secretary of Labor ,
Trump Administration ,
White-Collar Exemptions
Continuing the pro-business activities many expected from the agency, the U.S. Department of Labor has revived 17 Fair Labor Standards Act opinion letters that were published in the waning days of the Bush Administration in...more
In light of the Texas district court’s recent judgment invalidating the 2016 overtime rule, the DOL filed an unopposed motion to withdraw its appeal of the November 2016 order that preliminarily enjoined the rule on a...more
9/8/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Preliminary Injunctions ,
Secretary of Labor ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
On June 27, 2017, the U.S. Department of Labor sent a Request for Information related to the now-enjoined overtime rule to the Office of Management and Budget for review. After OMB completes its review, the RFI will be...more
6/28/2017
/ Appeals ,
Corporate Counsel ,
Department of Labor (DOL) ,
Minimum Salary ,
OMB ,
Over-Time ,
Public Comment ,
Request For Information ,
Secretary of Labor ,
Stays ,
Trump Administration ,
White-Collar Exemptions
Employers across the U.S. were troubled by the sub-regulatory guidance issued by the DOL in 2015 and 2016 on independent contractors and joint employment. Today, the DOL announced the withdrawal of that guidance...more
Remember the new federal overtime rule that was going to double the minimum salary for the “white collar” exemptions? In November, a Texas district court issued a nationwide injunction preventing the rule from taking effect....more
This month Richard Zall, Chair of Proskauer's Health Care Department, explores developments likely to occur with respect to the Affordable Care Act as a result of the new administration. In our Rulings, Filings and...more
12/21/2016
/ 21st Century Cures Act ,
Affordable Care Act ,
CEOs ,
CMMI ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Fiduciary Rule ,
Flexible Spending Accounts ,
Food and Drug Administration (FDA) ,
Health Insurance ,
Health Insurance Exchanges ,
Health Savings Accounts ,
Individual Mandate ,
Local Ordinance ,
Medicaid ,
Medical Devices ,
Medicare ,
Medicare Advantage ,
Pay Ratio ,
Pay Ratio Tax ,
Payroll Taxes ,
Pharmaceutical Industry ,
Preliminary Injunctions ,
Qualified Small Employer Health Reimbursement Plan (QSEHRAs) ,
Repeal ,
Subsidies ,
Tax Credits ,
Trump Administration
Aside from proposing potential carve-outs for small businesses under the new overtime rules that go into effect on December 1, 2016 and supporting six weeks of paid maternity leave, President-elect Trump has not discussed in...more
President-elect Trump’s strong base with blue collar workers helped him win yesterday’s election, despite significant union backing for Hillary Clinton during the campaign. Trump has not, however, revealed details on how he...more