News & Analysis as of

Department of Labor (DOL) Wages

Lippes Mathias LLP

New Federal Labor Rules & Guidelines to Watch Ahead of the 2024 Election

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Election year is here, and it comes as no surprise that federal agencies are rapidly issuing new rules and guidelines ahead of November, although there has been a very unusual number of developments from federal agencies that...more

Smith Anderson

Major Changes Now in Effect to Davis-Bacon and Related Acts

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For the first time in almost 40 years, the U.S. Department of Labor (“DOL”) has finalized comprehensive changes to regulations covering the Davis-Bacon Act (“DBA”) and 70 “DBA Related Acts,” federal wage regulations that...more

ArentFox Schiff

Salary Transparency and Prohibiting Use of Salary History on the Horizon for Federal Contractors

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On January 29, the 15th anniversary of the Lilly Ledbetter Fair Pay Act, President Joe Biden announced initiatives aimed at achieving pay equity for the federal workforce and employees of federal contractors. ...more

McNees Wallace & Nurick LLC

Trade Group Sues DOL to Invalidate New Davis-Bacon Regulations

We wrote in August about major updates to the Davis-Bacon regulations issued by the Department of Labor.  The Final Rule updating those regulations became effective on October 23, 2023....more

Foley & Lardner LLP

Department of Justice and Apple Reach $25 Million Landmark Agreement

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On November 9, 2023, the U.S. Department of Justice (DOJ) announced that it secured a landmark $25 million agreement with Apple, Inc. (“Apple”) to resolve allegations of discriminatory hiring and recruitment processes...more

Perkins Coie

Chicago Passes Sweeping Paid Leave Ordinance

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The city of Chicago approved the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the ordinance) on November 9, 2023, providing all employees working in the city with up to five annual days of paid leave that can be...more

Schwabe, Williamson & Wyatt PC

Department of Labor’s Proposed Changes to Overtime Eligibility Criteria

On August 30, 2023, the Department of Labor (DOL) announced that it will be proposing new regulations that would increase the number of employees who are considered non-exempt and therefore entitled to overtime compensation....more

Fisher Phillips

Florida Increases Public-Sector Union Transparency and Accountability with New Legislation: 5 Key Takeaways for Employers

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The Florida Legislature passed SB 256 on April 26, which aims to promote greater public-sector union transparency and accountability and to provide paycheck protection for public-sector bargaining unit employees. SB 256,...more

Kohrman Jackson & Krantz LLP

The DOs and DON’Ts of the DOL’s New Tip Credit Rules

Employees in the service industry, such as bartenders and waitstaff, have come to rely on tips as a part of their hourly wages. In fact, most states specifically allow restaurants and bars to pay workers less than minimum...more

ArentFox Schiff

California Court Upholds Percentage Bonus, Without Recalculating Overtime Regular Rate

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Similar to the federal Fair Labor Standards Act (FLSA), California law requires an employer to pay overtime based on an employee’s “regular rate of pay.” That rate may not be just an employee’s hourly wage, or straight time,...more

Foley Hoag LLP

Labor Impacts of IRS’ Initial Guidance on Prevailing Wage and Apprenticeship Requirements for Energy Projects

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On November 30, 2022, the Internal Revenue Service (IRS) published Notice 2022-61 (the Notice), providing initial guidance on the prevailing wage and apprenticeship requirements applicable to certain provisions of the...more

Pillsbury Winthrop Shaw Pittman LLP

IRS Provides Highly Anticipated Wage and Apprentice Guidance for Applicable Tax Credits under the Inflation Reduction Act

Publication of Notice 2022-61 starts the 60-day clock until projects that initially commence construction must comply with the new requirements. On November 30, 2022, the Internal Revenue Service (IRS) published Notice...more

Epstein Becker & Green

2022 Pay Equity Trends and Strategies for Complying with Pay Range Disclosure Requirements in New York City and California

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Two recent developments in equal pay laws—salary range disclosure and pay data reporting—are forcing employers in certain jurisdictions to review their pay practices and begin addressing pay equity if they are not doing so...more

Pillsbury Winthrop Shaw Pittman LLP

DC Non-Compete and Anti-Moonlighting Law to Take Effect October 1, 2022

A new DC law restricts DC employers from entering into non-compete agreements with employees earning less than $150,000 as of October 1, 2022, whereas the prior iteration of the law would have imposed a near universal ban on...more

Rivkin Radler LLP

New York to Taxpayer: “Forget What the Feds Said, You’re a ‘Responsible Person"

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Where is the Economy Heading? According to the data released Friday by the Department of Labor, the U.S. economy added approximately 528,000 jobs in July, reducing the unemployment rate to 3.5 percent. Although this...more

Proskauer - Law and the Workplace

Paying Wages in Pennies or Chicken—Cool or Not Cool?

Who says wage and hour law is boring? Not us. We came across two wage and hour stories this year that are too awesome not to share. Auto-Repair Shop Owner Pays Employee’s Final Wages in Pennies, Is Sued by DOL - As...more

Harris Beach PLLC

Crypto Compensation? Bitcoin Bonus? New York State Employers Must Weigh Requests Carefully

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If your staff member wants his or her paycheck in cryptocurrency, should you – as an employer keeping up with the times — accommodate the request? You don’t have to work in Silicon Valley or play for the NFL to field this...more

Snell & Wilmer

Revisions Are Coming to Davis – Bacon Act Regulations

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Big changes are coming to the Davis – Bacon Act prevailing wage regulations. Some say they are the biggest changes since the administration of President Ronald Reagan. The proposed changes impact the manner in how prevailing...more

Haynsworth Sinkler Boyd, P.A.

Do I Have To Pay My Summer Intern?

As the summer approaches, many businesses will be looking to hire a summer intern. Internship programs can be a great option for both the intern, who has the opportunity to learn new skills, and the employer, who is able to...more

Morrison & Foerster LLP

Paying Employees in Cryptocurrency: Is That Lawful?

In recent years, more consumers, merchants, and financial institutions have accepted cryptocurrency as a form of payment for everyday products and services. Last November, mayors of two major U.S. cities signaled what may be...more

Jackson Lewis P.C.

Restaurant’s Mandatory Service Charge Was Not a Tip and May Satisfy FLSA Wage Requirements, Eleventh Circuit Holds

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A Miami restaurant’s mandatory 18% service charge did not constitute a “tip” under the Fair Labor Standards Act (FLSA) and therefore was properly applied toward satisfying the FLSA’s employee wage requirements, the U.S. Court...more

Amundsen Davis LLC

Staffing Shortages Force Employers In Indiana (and Everywhere) to Get Creative

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No employer is immune from staffing storages in today’s climate, but December 2021 unemployment data released this week by the U.S. Department of Labor’s Bureau of Labor Statistics (BLS), confirms what Indiana employers have...more

Bradley Arant Boult Cummings LLP

Everyone Loves a Good Deadline: Reporting Requirements for Early 2022

We hope your 2022 is off to a good start and you are all managing the COVID-19 pandemic challenges. For this post, we wanted to take a break from COVID-19-specific topics to remind you of some new year to dos. Specifically,...more

Amundsen Davis LLC

DOL and NLRB Agree to Share Information and Counsel Employees on Overlapping Enforcement Matters

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On January 6, 2022, the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) released a signed Memorandum of Understanding (MOU) detailing the agencies’ most recent pact to enforce federal labor and...more

Fox Rothschild LLP

New Washington State Lien Law Increases Pressure On Employers To Pay Wage Claims: What’s Next?

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When the DOL audits an employer and finds wages due, the employer, albeit unhappily, then pays the wages and (hopefully) changes its errant ways. There are times when the employer cannot or will not pay and then the agency or...more

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