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U.S. Court of Appeals Throws Out and Simplifies Federal Tip Credit Rule

For a generation, one of the most contested FLSA issues was when employers could pay subminimum wages to tipped employees. During Republican administrations, the U.S. Department of Labor issued business-friendly tip-credit...more

Sixth Circuit Throws Out Minimum Wage Standards for Employees Who Drive Their Own Vehicles for Work

Last week, the U.S. 6th Circuit Court of Appeals, which covers Michigan, Ohio, Kentucky & Tennessee, turned minimum wage law for employees who drive their personal vehicles for work on its head. While the decision...more

Ohio’s a Buzz: Impact of Legalization of Recreational Marijuana Use on Employers

Tuesday, Ohio voters overwhelmingly passed Issue 2, legalizing recreational marijuana use. Today employers are wondering, “how does this new law affect the workplace?” The short answer is: not much. Consistent with...more

Labor Department Proposes Overtime for Currently Exempt Employees Earning $55,000/Year or Less

The Labor Department released a proposed rule increasing the salary threshold for overtime-exempt employees from the current $35,568/year to $55,000/year. The proposal will be open for public input for 60 days once its...more

Kentucky Federal Court Allows Hospital To Proceed With Vaccination Policy For Employees

In what is likely to be just the first of many court challenges to private employer COVID-19 vaccination requirements, a United States District Court judge in Kentucky refused to stop a hospital from requiring its employees...more

Department Of Labor Planning Enhanced Enforcement

Not surprisingly, the U.S. Department of Labor’s Wage and Hour Division is looking to reverse many of the Trump administration’s employer-friendly initiatives and rules. Those reversals include: •Setting aside...more

Department Of Labor Scales Back Financial Oversight Of Unions

Last week, the Department of Labor (DOL) scaled back its financial oversight of unions. Under the Trump Administration Rule, unions had to report strike fund, apprenticeship program and other “trust fund” information to the...more

Anticipated Department Of Labor Changes Under President Biden

Last week, the Senate confirmed Marty Walsh as Secretary of the U.S. Department of Labor. Walsh is expected to be heavily pro-labor, given his experience as a trade union official. He is also the former Mayor of Boston....more

White House Memo Reverses Trump Restrictions On Diversity Training

Last week, a White House memorandum implemented President Biden’s executive order reversing former President Trump’s executive order on diversity training. Notably, both orders only applied to federal agencies, federal...more

U.S. House Passes LGBTQ Civil Rights Bill

The U.S. House of Representatives passed a bill last week known as the Equality Act, which would amend the Civil Rights Act of 1964 to include sexual orientation and gender identity as protected classes. Last year, the...more

NLRB Relaxes Trump-Era Financial Disclosure Requirements For Unions

Last week, the NLRB’s General Counsel rolled back Trump-era financial disclosure requirements for unions. Even without a complaint, unions were required to explain fees charged to nonmembers. Now, beyond routine financial...more

Biden Proposes $15 Minimum Wage

Last week, President Biden and Congressional Democrats unveiled their proposal for a $15 an hour minimum wage bill. The current federal minimum wage has been $7.25 an hour since 2009. In many instances, federal minimum wage...more

DOL Updates FFCRA Regulations, Effective 9/16/2020, In Response To Federal Court Decision

In early August, a New York federal court struck down a number of Department of Labor (DOL) regulations applying the new Families First Coronavirus Response Act (FFCRA) as invalid. Specifically, the Court invalidated...more

Federal Court Strikes Down DOL's FFCRA Regulations

Last week, a New York federal court struck down a number of Department of Labor (DOL) regulations applying the new Families First Coronavirus Response Act (FFCRA) as invalid. The Court determined the regulations exceeded the...more

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