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
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
Last week in Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court affirmed employees must be paid a fixed salary of $684.00 per week to be considered “exempt” under the popular administrative, executive, and...more
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
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
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
Last night, March 16, the House amended versions of a COVID-19 Coronavirus bill we reported on yesterday. Again, this alert will focus only on the two provisions regarding paid leave for employees. The Senate is expected to...more
Late Friday, the House passed the Families First Coronavirus Response Act (“FFCRA”) which provides COVID-19 relief to Americans in several areas. This alert will focus only on the two provisions regarding paid leave for...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
Some Frequently Asked Questions for the Curious…
The House passed a bill earlier this week that, if signed into law, would dramatically change private sector compensation in the United States. Interested? Keep reading....more
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
Multiple D.C. insiders and media outlets have reported that earlier this week the DOL forwarded the proposed final overtime rule to the Office of Management and Budget (OMB) for its mandatory review. (If right now you are...more