On January 6, 2021, the U.S. Department of Labor (DOL) finalized its highly anticipated independent contractor rule. The rule delivers on the DOL’s promise to simplify, clarify and harmonize the factors for determining when...more
The U.S. Department of Labor issued its bi-annual regulatory agenda update on November 20, 2019. Of the 63 items listed, the Wage & Hour Division (WHD) included seven regulatory priorities. Only one of these is new: a...more
11/21/2019
/ Bonuses ,
Civil Monetary Penalty ,
Compensation & Benefits ,
Corporate Counsel ,
Department of Labor (DOL) ,
Electronic Payment Transactions ,
Employee Housing ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Fluctuating Workweek ,
Food Service Workers ,
Joint Employers ,
Labor Law Violations ,
Labor Regulations ,
Non-Exempt Employees ,
NPRM ,
Over-Time ,
Rate of Pay ,
Regulatory Agenda ,
Request For Information ,
Restaurant Industry ,
Rulemaking Process ,
Salaried Employees ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Work Schedules
The U.S. Department of Labor unveiled its long-awaited final rule on the overtime “white collar” exemptions on September 24, 2019. The regulations, at 20 CFR Part 541, were last updated in 2004, when the DOL increased the...more
9/24/2019
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
On March 28, 2019, the U.S. Department of Labor (DOL) released a proposed rule to amend the regulations at 29 CFR Part 778 to clarify and update the “regular rate” requirements under section 7(e) of the Fair Labor Standards...more
3/29/2019
/ Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Benefits ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
NPRM ,
Over-Time ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
Employers will face fewer significant regulations in the coming year, according to the Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda")....more
10/18/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Department of Labor (DOL) ,
Deregulation ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Training ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
GINA ,
H-1B ,
Joint Employers ,
NLRB ,
OSHA ,
Regulatory Agenda ,
TRICARE ,
USCIS ,
Wage and Hour ,
Workplace Injury
The U.S. Department of Labor (DOL) has issued six new opinion letters addressing various matters under the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). ...more
8/29/2018
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Labor Code ,
Opinion Letter ,
Over-Time ,
Policy Statement ,
Regulatory Oversight ,
Regulatory Standards ,
Retailers ,
Service Advisors ,
Wage and Hour ,
White-Collar Exemptions
The Wage and Hour Division of the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) on Friday, July 13, 2018, titled “Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver.”...more
7/18/2018
/ Caregivers ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Field Assistance Bulletins ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Regulatory Reform ,
Regulatory Requirements ,
Trump Administration ,
Wage and Hour
Last month, we reported on the U.S. Department of Labor, Wage and Hour Division’s (“WHD”) newly created Payroll Audit Independent Determination (“PAID”) Program, through which employers can proactively seek to resolve...more
The Department of Labor's Wage & Hour Division (WHD) has issued an Administrator's Interpretation (AI) establishing new standards for determining joint employment under the federal Fair Labor Standards Act (FLSA) and the...more
The U.S. Supreme Court handed the U.S. Department of Labor (DOL) a victory in a battle over whether the agency's reversal of its stance on the exempt status of mortgage loan officers was subject to public notice and comment....more
3/11/2015
/ Administrative Procedure Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Mortgage Loan Originators ,
Notice and Comment ,
Paralyzed Veterans Doctrine ,
Perez v Mortage Bankers Assoc ,
Popular ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation