Seyfarth Synopsis: On September 11, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit held in Mayfield v. U.S. Department of Labor that the Secretary’s salary test for evaluating overtime exemptions are valid...more
9/13/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Authority ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: The first challenge to the Department of Labor’s overtime rule has landed, but what the U.S. District Court for the Eastern District of Texas will do with it and how any decision will affect businesses...more
5/28/2024
/ Administrative Procedure Act ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
Yesterday, the U.S. DOL unveiled its final overtime rule. The rule significantly increases the minimum salary for so-called “white collar” employees to be exempt from the federal FLSA’s overtime pay requirements. This...more
4/24/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Over-Time ,
Proposed Rules ,
Wage and Hour ,
White-Collar Exemptions
This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the MSHA Review...more
3/11/2024
/ American Bar Association (ABA) ,
Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Health and Safety ,
Marijuana ,
Mental Health ,
Mine Safety and Health Administration (MSHA) ,
OSHA ,
Professional Conferences ,
Workplace Safety
Seyfarth Synopsis: This week we are attending the ABA Occupational Safety and Health Law Meeting in San Juan, Puerto Rico. The meeting includes representatives from the U.S. Department of Labor, OSHA Review Commission, the...more
Seyfarth Synopsis: With DOL’s overtime exemption rule currently under White House review, we could see its publication sooner rather than later. ...more
3/6/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Minimum Salary ,
Minimum Wage ,
OIRA ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: Child labor laws remain fertile ground for government enforcement as evaluate key issues for 2024. Late last year, the Wage Hour Division released guidance for new processes to assess greater penalties...more
2/1/2024
/ Child Labor ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Penalties ,
State and Local Government ,
State Labor Laws ,
Wage & Hour Division (WHD) ,
Wage and Hour
Seyfarth Synopsis: While the Solicitors at the Department of Labor (DOL) only litigate civil OSHA citations, DOL has announced enhanced coordination with criminal law enforcement for employers’ representatives in fatality...more
Seyfarth Synopsis: On December 6, 2023, the Biden Administration announced the release of its Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions. The U.S. Department of Labor’s Wage and Hour Division continues to...more
12/12/2023
/ Biden Administration ,
Department of Labor (DOL) ,
Employees ,
Final Rules ,
Inflation Reduction Act (IRA) ,
Notice of Proposed Rulemaking (NOPR) ,
Prevailing Wages ,
Regulatory Agenda ,
Rulemaking Process ,
Tax Credits ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: Here we go again. The impending federal government shutdown may suspend many enforcement and consultation functions of the United States Department of Labor, including OSHA....more
The comment period on the U.S. DOL Wage and Hour Division’s Notice of Proposed Rulemaking, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” closed on...more
Seyfarth Synopsis: The Mine Safety and Health Administration “remains troubled by the fact that our impact inspections continue to discover the same hazards we’ve identified as root causes for fatal accidents and that we know...more
Seyfarth Synopsis: The long wait for a Senate-confirmed U.S. DOL Wage and Hour Division (“WHD”) Administrator is over!...more
Seyfarth Synopsis: The impending federal government shutdown will suspend many enforcement and consultation functions of the United States Department of Labor, including OSHA....more
Seyfarth Synopsis: The U.S. Department of Labor recently announced that OSHA has launched a new initiative focused on enhancing enforcement and providing compliance assistance to protect workers from the hazards of silica....more
As one does, I was recently reading U.S. DOL Wage and Hour Division (“WHD”) Field Assistance Bulletin (“FAB”) 2023-3 regarding “Prohibitions against the shipment of ‘Hot Goods’ under the Child Labor Provisions of the Fair...more
Seyfarth Synopsis: The U.S. Department of Labor has announced notice and comment rulemaking as it seeks to revise its regulations regarding who can be authorized by employees to act as their representative to accompany OSHA...more
Under the Inflation Reduction Act, employers claiming the available tax credits must pay Davis-Bacon prevailing wages, and meet certain apprenticeship requirements, to claim enhanced tax credits. As eligible projects take...more
9/5/2023
/ Apprenticeships ,
Construction Project ,
Construction Workers ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Federal Contractors ,
Inflation Reduction Act (IRA) ,
IRS ,
Prevailing Wages ,
Tax Credits ,
Wage and Hour
Seyfarth Synopsis: This alert summarizes the IRS’s recent notice of proposed rulemaking on complying with prevailing wage and apprenticeship requirements under the Inflation Reduction Act and explains key provisions...more
9/1/2023
/ Apprenticeships ,
Comment Period ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Inflation Reduction Act (IRA) ,
IRS ,
Notice of Proposed Rulemaking (NOPR) ,
NPRM ,
Prevailing Wages ,
Proposed Rules ,
Wage and Hour
Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and...more
8/31/2023
/ Biden Administration ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Notice of Proposed Rulemaking (NOPR) ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
White-Collar Exemptions
On August 8, 2023, the U.S. Department of Labor (DOL) announced its final rule related to the Davis-Bacon Act (the “Act”), entitled “Updating the Davis-Bacon and Related Acts Regulations.” However, the official final rule...more
Seyfarth Synopsis: The U.S. Department of Labor recently announced that OSHA has issued a heat hazard alert to “remind employers of their obligation to protect workers against heat illness or injury in outdoor and indoor...more
Seyfarth Synopsis: On June 13, 2023, the Biden Administration announced the release of its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (the 2022 Fall Agenda was issued in January 2023). In connection...more
6/20/2023
/ Biden Administration ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employees ,
Exempt-Employees ,
Labor Reform ,
Minimum Salary ,
NPRM ,
OIRA ,
Proposed Rules ,
Regulatory Agenda ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: On April 14, 2023, we attended a webinar presented by U.S. DOL Solicitor Seema Nanda, DOL Wage and Hour Division Principal Deputy Jessica Looman, DOL Occupational Safety and Health Administration Assistant...more
Seyfarth Synopsis: On January 4, 2023, the Biden Administration announced the release of its Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the...more