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: OSHA recently unveiled an online tool allowing the public to access severe injury reports, injury trends over time, geographic trends, and trends specific to each employer....more
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
On April 1, 2024, the Federal Register published OSHA’s final rule revising its regulations regarding whom employees can authorize to act as their representative(s) to accompany compliance officers during on-site OSHA...more
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
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
3/8/2024
/ American Bar Association (ABA) ,
Cal-OSHA ,
Chevron Deference ,
Employer Liability Issues ,
Health and Safety ,
Mine Safety and Health Administration (MSHA) ,
OSHA ,
Professional Conferences ,
Retaliation ,
Whistleblowers ,
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: The United States Centers for Disease Control and Prevention (CDC) is shifting its COVID-19 isolation guidance, advising that COVID-positive individuals no longer need to isolate once they have been...more
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: This week, OSHA is promoting safe workplaces for young adults and working teenagers....more
Seyfarth Synopsis: The U.S. DOL and U.S. EPA have published their 2024 increases to civil penalties....more
1/11/2024
/ CERCLA ,
Civil Monetary Penalty ,
Clean Air Act ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
OSHA ,
RCRA ,
Regulatory Violations ,
Safe Drinking Water Act ,
Toxic Substances Control Act (TSCA) ,
USEPA ,
Workplace Safety
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: Resources and laws supporting best practices to ensure commercial motor vehicle (“CMV”) driver safety include CDC guidance, the Surface Transportation Assistance Act (“STAA”), and OSHA’s Fatigue Rule. 49...more
12/12/2023
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Commercial Truck Drivers ,
Department of Transportation (DOT) ,
Employer Responsibilities ,
Motor Vehicles ,
NIOSH ,
OSH Act ,
OSHA ,
Surface Transportation Assistance Act (STAA) ,
Workplace Safety
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: Most employers understand that they are required to report serious injuries and illnesses to OSHA shortly after they occur. Even employers in low hazard industries who are not required to keep written OSHA...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