News & Analysis as of

Department of Labor (DOL) Third-Party

Hendershot Cowart P.C.

OSHA's Controversial Walkaround Rule

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The Occupational Safety and Health Administration (OSHA) introduced a new walkaround rule this year to clarify that, like employers, employees have the right to designate a non-employee third party to be their representative...more

ArentFox Schiff

Cross-Plan Offsetting: Recent Eighth Circuit Opinion Affirms Dismissal of Cross-Plan Offsetting Case Concluding Plaintiffs Did Not...

ArentFox Schiff on

In a recent opinion, Smith et al. v. UnitedHealth Group Inc. et al., the US Court of Appeals for the Eighth Circuit affirmed the dismissal of an Employee Retirement Income Security Act (ERISA) class action suit brought by...more

WilmerHale

Department of Labor Accuses Hyundai of Child Labor Violations for Supplier Conduct

WilmerHale on

On May 30, 2024, the US Department of Labor (DOL) filed a complaint in the Middle District of Alabama against a US subsidiary of Korean carmaker Hyundai seeking to hold Hyundai liable for child labor violations alleged to...more

Hinshaw & Culbertson - Employment Law...

The Department of Labor Announces New Final Rule Clarifying Employee Representative Rights During Workplace Inspections

On March 29, 2024, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule (Final Rule) amending regulations for workplace investigations. It clarifies that employees may...more

Venable LLP

The OSHA Inspector Is Here, and He’s Not Alone

Venable LLP on

Fast forward: It’s June 1, 2024, and you’ve just received a call from one of your Safety Managers. He tells you that a Compliance Safety and Health Officer (CSHO) has arrived at the workplace and wants to conduct an...more

Fox Rothschild LLP

New Department of Labor Rule Expands Definition of Employee Representative During an OSHA Inspection

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A new rule clarifying who is permitted to accompany an OSHA Compliance Safety and Health Officer (CSHO) during an inspection of an employer’s facility will go into effect on May 31, 2024. In issuing the “Worker Walk Around...more

Foley & Lardner LLP

Employers Take Note: OSHA Publishes Final “Walkaround” Rules

Foley & Lardner LLP on

On April 1, 2024, the U.S. Department of Labor (DOL) published its final rule on who is allowed to be present for an OSHA inspection. The rule becomes effective on May 31, 2024. By way of background, both the employer and...more

Amundsen Davis LLC

The US Department of Labor Significantly Expands Employee Rights to Designate Third-Party Representatives During OSHA Workplace...

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In August 2023, the US Department of Labor (DOL) announced a proposed rule that became final last week, giving employees the ability to designate essentially any third-party as their “authorized representative” during OSHA...more

Perkins Coie

Illinois Joins the Growing List of States With New Pay Transparency Laws

Perkins Coie on

Governor J.B. Pritzker signed into law HB 3129, an amendment to the Illinois Equal Pay Act that changes how employers can advertise for position openings in Illinois, on August 11, 2023. The amendment goes into effect January...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - September 2023

DOL Proposes Changes to Overtime Regulations. On August 30, 2023, the U.S. Department of Labor (DOL) announced that it would issue a notice of proposed rulemaking to amend the regulations implementing the overtime provisions...more

Jackson Lewis P.C.

DOL Proposes Allowing Union Representatives, Others to Participate in OSHA Inspections: What It Means

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has announced a Notice of Proposed Rulemaking to amend its regulations to allow employee-authorized third-party representatives to accompany Occupational Safety and Health Administration...more

Constangy, Brooks, Smith & Prophete, LLP

USDOL revises labor “persuader” form to require information about federal contracts, subcontracts

On July 28, the U.S. Department of Labor, Office of Labor-Management Standards, issued its final revision of Form LM-10 and a Fact Sheet. The revised form will require employers who use labor “persuaders” to indicate when the...more

Foley & Lardner LLP

Upcoming Deadline Under The No Surprises Act – Air Ambulance Reporting By Group Health Plans and Insurance Issuers

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Air ambulance services often result in large, unanticipated medical bills for patients. A study by the Government Accountability Office found that in 2017, 69% of air ambulance transports provided to individuals covered by...more

Jackson Lewis P.C.

Plaintiffs’ Bar Shows Renewed Interest in COBRA Notice Litigation

Jackson Lewis P.C. on

Numerous Fortune 500 companies around the country have recently seen a barrage of cases alleging that notices required under the Consolidated Omnibus Budget Reconciliation Act (COBRA) fail to provide all information required...more

Foley & Lardner LLP

CAA Compensation Disclosures: DOL’s New FAB Confirms the Scope is Broad

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The Consolidated Appropriations Act, 2021, Public Law 116-260 (CAA) set forth new compensation disclosure requirements that apply to service providers who provide “brokerage services” or “consulting” to group health plans...more

Dentons

Even the DOL is Issuing Cybersecurity Instructions

Dentons on

In April, the Department of Labor, specifically the Employee Benefits Security Administration, issued cybersecurity guidance to assist in protecting “the retirement benefits of America’s workers.”  This guidance falls neatly...more

Jackson Lewis P.C.

COVID-19 Deadline Extensions—No More Time Outs But No Single Deadline Either!!

Jackson Lewis P.C. on

We recently provided an update on the looming end date for COBRA and other deadline extensions and the uncertainty that continues to add to the administrative burdens without more clarity from the DOL and IRS. Message...more

Jackson Lewis P.C.

COVID-19 Deadline Extensions—Still Relevant To Plan Sponsors?

Jackson Lewis P.C. on

In May of 2020, the Department of Labor (DOL) and Internal Revenue Service (IRS) released joint-agency guidance that extended several important deadlines for employees, including COBRA election and payment deadlines, HIPAA...more

Foley & Lardner LLP

DOL Issues New Wage and Hour Opinion Letters

Foley & Lardner LLP on

On June 26, 2020, the U.S. Department of Labor (DOL) issued several unrelated opinion letters dealing with non-COVID wage and hour issues. Specifically, two of the opinion letters, FLSA2020-6 and FLSA2020-8, deal with the...more

McNees Wallace & Nurick LLC

New FLSA Compliance Landmine: Beware Bonuses Paid by Third Parties to Your Employees!

For decades, federal wage and hour regulations have required that non-discretionary bonuses paid to employees be included in the recipients’ “regular rate” for purposes of calculating their overtime premiums.  In other words,...more

Troutman Pepper

Agreement Between the Parties Dictates Whether a Third Party Bonus Should be Included in the Calculation of Overtime Pay

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Q.  A client of my company asked whether it could offer production bonuses to our employees who deliver their work product prior to the deadline.  Does the FLSA require my company to account for these third-party bonuses when...more

Parker Poe Adams & Bernstein LLP

Bonuses Paid by Third Parties Excluded From Regular Rate for Overtime Calculation Purposes

Perhaps the most frequently violated provision of the Fair Labor Standards Act is that law’s requirement that non-discretionary bonuses be included in non-exempt employees’ regular rate of pay used for purposes of calculating...more

Seyfarth Shaw LLP

Does a Third-Party’s Bonus Payment to Your Employees Require You to Pay More Overtime? Citing Clark Griswold, Appeals Court Says...

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Seyfarth Synopsis: On Tuesday, the Third Circuit issued a decision rejecting the U.S. DOL’s general position that incentive bonuses paid to employees by a third-party must be factored into overtime pay. While the decision...more

Carlton Fields

Three Takeaways From The DOL's New Labor Condition Application Form

Carlton Fields on

Effective Nov. 19, U.S. employers seeking to file H-1B, H-1B1 and E-3 petitions (extension, new or amendment) must use the new ETA 9035 form, the legally required Labor Condition Application (LCA). The most important changes...more

Burr & Forman

H-1B Visas and Third Party Worksites

Burr & Forman on

Every year, U.S. employers seeking highly skilled foreign professionals submit their petitions to U.S. Citizenship and Immigration Services (USCIS) with the hope of receiving an H-1B number. Since 1990, Congress has limited...more

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