Late Monday afternoon, a federal judge in Texas denied a marketing firm’s motion for a preliminary injunction to halt the DOL’s new overtime rule. This denial affirms that, for now, employers, other than the State of Texas,...more
This past Friday, a Texas federal judge granted a preliminary injunction for the State of Texas, postponing the effective date of the Department of Labor’s new overtime rule. ...more
Today the Department of Labor issued its long-awaited rule raising the fixed salary requirements for employees in the executive, professional, and administrative exemption categories (EAP) and increasing the standard salary...more
Today the Federal Trade Commission (FTC) voted to finalize a new rule to prohibit employers from enforcing noncompetes against employees. Highlights of the new rule include...more
4/24/2024
/ Department of Labor (DOL) ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Intellectual Property Protection ,
Memorandum of Understanding ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
U.S. Commerce Department
If you are a federal contractor, keep reading. Last summer, the Office of Federal Contractor Compliance Programs (OFCCP) issued a notice to all federal contractors that the Center for Investigative Reporting had requested...more
This week I was talking to Bob, a local HR professional (you know who you are), and he asked, “So Sara, what are the chances we are going to get a ruling on this OSHA mandate before the holidays?” to which I replied, “Highly...more
Just when we thought the Families First Coronavirus Response Act was about to disappear into HR history, we have another extension (to the tax credits for voluntarily providing qualifying leave)! Here is what you need to...more
On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021, which President Trump is expected to sign. The Act does not extend the Family First Coronavirus Response Act (“FFCRA”). The FFCRA mandated...more
Employers need to keep abreast of the ever-changing agency rules regarding whether a worker is an “independent contractor” or an “employee.” You might ask, “why does this matter to the government?” The answer is easy: many...more
9/30/2020
/ Comment Period ,
Department of Labor (DOL) ,
Employee Definition ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Minimum Wage ,
OSHA ,
Over-Time ,
Proposed Rules ,
Wage and Hour
Late last week, the Department of Labor issued a revised rule to address a New York federal judge’s order from this past August that struck down several provisions of the FFCRA....more
9/16/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
Intermittent Leave ,
Labor Regulations ,
New Rules ,
Paid Leave ,
Sick Leave ,
Wage and Hour
Today the U.S. Department of Labor’s Wage and Hour Division published responses to three new frequently asked questions for regarding qualifying for paid leave under the Families First Coronavirus Response Act (FFCRA) in...more
By now, many of you have heard that last week a federal judge expanded several provisions of the Family First Coronavirus Response Act (FFCRA). We have been postponing our alert on this hoping the Department of Labor would...more
Last week, the DOL announced new Family Medical Leave Act forms were available on its website. (Note these forms are not applicable to the “Expanded FMLA” available under the Family First Coronavirus Response Act. Please...more
Last Friday, the DOL issued “corrections” to its FFCRA regulations. A link to these corrections is here: FFCRA Corrections. Among other small changes, the DOL has made it crystal clear that an employer may require an employee...more
Today the DOL released detailed regulations with answers to nearly every question we have had over the past two weeks regarding this law. While we are still reviewing these regulations, there are two important details that...more
Today, March 25, 2020, the DOL issued a notice employers subject to the FFCRA must post prior to April 1, 2020...more
Shortly after we issued our guidance on the Families First Coronavirus Response Act (H.R. 6201) (the “FFCRA”) last week Friday, the Department of Labor and the Treasury Department jointly issued IRS Bulletin 2020-57 stating...more
Late yesterday, the Department of Labor issued its first FAQ at regarding the FFCRA. In that FAQ the DOL specifically states: Question: Can my employer deny me paid sick leave if my employer gave me paid leave for a reason...more
Late last week the Department of Labor announced a Final Rule that will allow employers to more easily offer bonuses and benefits without worrying about the regular rate of pay. The rule is the first major change to the...more
The long wait is over. Today, the U.S. Department of Labor confirmed the final rule on the overtime “white collar” exemptions.
Effective January 1, 2020, the minimum salary level for exempt workers will be $684 per week...more
Finally, it appears we have closure on this saga that started over a year ago! On August 31st, the same Texas federal district court judge who granted a preliminary injunction last November delaying the effective date of the...more
9/11/2017
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Obama Administration ,
Over-Time ,
Preliminary Injunctions ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Yesterday, a Texas federal district court judge issued a ruling that DELAYS the Department of Labor’s proposed overtime rule that was set to go into effect on December 1. ...more
As we reported recently, 21 States and multiple business groups have filed suit in the Eastern District of Texas seeking a delay in the implementation of the proposed OT rule set for December 1. ...more
11/17/2016
/ Administrative Procedure Act ,
Constitutional Challenges ,
Delays ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Over-Time ,
States Rights ,
Tenth Amendment ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
On September 20, 2016, two lawsuits were filed in an attempt to block the DOL’s proposed overtime rule. Wisconsin joined 20 other states in filing one suit while the U.S. Chamber of Commerce along with 50 other business...more
9/23/2016
/ Administrative Procedure Act ,
Chamber of Commerce ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Over-Time ,
Pending Legislation ,
Statutory Authority ,
Tenth Amendment ,
Wage and Hour ,
White-Collar Exemptions
Today the Department of Labor (DOL) announced its long-awaited rule expanding overtime protection for employees. The rule will go into effect December 1, 2016. Highlights include...more