News & Analysis as of

Proposed Rules NPRM Department of Labor (DOL)

Conn Maciel Carey LLP

Biden’s OSHA Pushes Heat Illness Prevention Rule Close to the Finish Line

Conn Maciel Carey LLP on

On January 14, 2025, just six days before the transition from the Biden Administration to the second Trump Administration, OSHA closed the books on collecting public comments on the agency’s Notice of Proposed Rulemaking...more

Seyfarth Shaw LLP

The IRS – Finally – Publishes a Notice of Proposed Rulemaking Clarifying Inflation Reduction Act Prevailing Wage and...

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

The Biden Administration Issued Its Spring 2023 Regulatory Agenda . . . in (Late) Spring 2023! What’s in the Works for DOL...

Seyfarth Shaw LLP on

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

Keating Muething & Klekamp PLL

Independent Contractor Classification - Deadline to Submit Comments on the Notice of Proposed Rulemaking is Approaching

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor...more

McDermott Will & Emery

The DOL Has Issued New Proposed Independent Contractor Classification Rules: What Now?

McDermott Will & Emery on

On October 11, 2022, the United States Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) seeking to undo the Trump administration’s 2021 independent contractor regulations and revert to the six-factor...more

Holland & Knight LLP

New Proposed Rule on Independent Contractors to Impact Trucking, Gig Economy and Other Companies

Holland & Knight LLP on

The U.S. Department of Labor (DOL) has just published a new proposed rule addressing whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The proposed rule, published...more

FordHarrison

U.S. Department of Labor Issues Proposed Rule Prohibiting Displacement of Workers for Service Contract Act Jobs

FordHarrison on

On July 14, 2022, the Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) which requires that non-displacement clauses be included in successor contracts for current contracts covered by the Service...more

Perkins Coie

U.S. Department of Labor Issues Notice of Proposed Rulemaking on Independent Contractor/Employee Worker Classifications

Perkins Coie on

The U.S. Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) on September 22, 2020, seeking to codify the independent contractor/employee worker classifications into the Fair Labor Standards Act’s...more

Ward and Smith, P.A.

Thanks for the Tip: U.S. DOL's Proposed Rule and Potential Enhanced Availability of "Tip Pools"

Ward and Smith, P.A. on

The Fair Labor Standards Act of 1938 ("FLSA"), for decades, has permitted employers to pay some workers a lower minimum hourly wage than would otherwise be due if the workers receive at least a minimum amount per month in the...more

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

DOL Issues Fluctuating Workweek Proposal Permitting Employers to Include Bonus Pay When Calculating Overtime

On November 4, 2019, the U.S. Department of Labor (DOL) announced its notice of proposed rulemaking (NPRM) that would give employers more flexibility in the way they calculate overtime pay for workers with inconsistent...more

Holland & Hart - Employers' Lawyers

U.S. DOL Proposes New Joint Employer Test

Employers often struggle to determine whether they might be considered “joint employers” with other entities under the Fair Labor Standards Act (FLSA). The U.S. Department of Labor (DOL) is proposing new guidance on this...more

Littler

DOL Issues Third Proposed Rule in Two Weeks, This Time on Joint Employment

Littler on

On April 1, 2019, the U.S. Department of Labor released a Notice of Proposed Rulemaking (NPRM) on joint employment under the Fair Labor Standards Act—the third proposed rule published by the agency in the last two weeks....more

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

Overtime Status Update: What the NPRM’s Publication Means for the Comment Period

Slightly more than two weeks after it announced its notice of proposed rulemaking (NPRM) to revise the part 541 overtime exemption regulations, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published the...more

Best Best & Krieger LLP

Department of Labor Proposes Increase to FLSA Exemption Salary Threshold - California Public Sector Employers Would Feel the...

The Department of Labor issued a proposed rule to update and revise Fair Labor Standards Act regulations to implement minimum wage and overtime pay exemptions for executive, administrative, professional, outside sales and...more

Lathrop GPM

Department of Labor Proposes New Salary Threshold For Overtime Exemption

Lathrop GPM on

On March 7, the U.S. Department of Labor announced a proposed rule to update the salary threshold required to qualify for overtime exempt status. The proposal would set the minimum salary level to $679 per week (equivalent to...more

Mintz - Employment Viewpoints

Déjà vu All Over Again: The DOL Releases Proposed Rule Increasing the Salary Basis Threshold for FLSA White-Collar Exemptions

The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) that it estimates would convert more than one million now overtime-exempt workers to non-exempt, overtime-eligible employees. Currently, the...more

Fisher Phillips

USDOL To Propose Modified Tip-Pooling Regulation

Fisher Phillips on

Readers will recall our prior posts regarding the U.S. Department of Labor's regulatory position adopted in 2011 saying that an employer may not retain any of an employee's tips even if it...more

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