News & Analysis as of

Public Comment Department of Labor (DOL) Comment Period

Conn Maciel Carey LLP

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

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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

Fisher Phillips

Labor Department Seeks to End Lower Minimum Wage for Workers with Disabilities: 6 Things Employers Need to Know

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The federal government wants to phase out the lower minimum wage that employers can pay to certain workers with disabilities, according to a proposal that the U.S. Department of Labor (DOL) just announced. Supporters of the...more

Eversheds Sutherland (US) LLP

DOL’s final rule: You say “overtime” I say “salary thresholds”

The US Department of Labor (DOL) released its final rule to increase the federal salary threshold for exemption under the Fair Labor Standards Act (FLSA) on April 23, 2024. DOL had previously issued On August 30, 2023, the US...more

Bodman

Department of Labor Proposes an Increase to the FLSA Exempt Employee Salary Threshold; Is 2023(4) the New 2019 or 2017?

Bodman on

On August 30, 2023 the U.S. Department of Labor (“DOL”) announced the much anticipated Notice of Proposed Rulemaking (“NPRM”) which, if implemented, would increase certain otherwise salary exempt employees’ compensation under...more

Fisher Phillips

Labor Department’s Proposed Overtime Rule Could Raise Salary Floor to $55k: Here Are 8 Ways Employers Can Prepare Now

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Employers may need to adjust their pay practices now that the Labor Department has issued its long-anticipated proposal to raise the salary threshold for exempt employees – a change that could make more of your employees...more

Cooley LLP

US Department of Labor Issues Proposed Rule on Independent Contractor Status

Cooley LLP on

On October 11, 2022, the Department of Labor (DOL) announced a proposed rule that would reinstate the “economic reality” test for determining whether a worker is an independent contractor or an employee under the Fair Labor...more

Bond Schoeneck & King PLLC

DOL Proposes New Rule For Independent Contractor Classification

On Oct. 11, 2022, the U.S. DOL of Labor (DOL) released a Notice of Proposed Rulemaking that would revise the analysis for determining independent contractor status under the Fair Labor Standards Act (FLSA). The proposed...more

Burr & Forman

Department of Labor’s Notice of Proposed Rulemaking – Independent Contractor Classification Under the Fair Labor Standards Act

Burr & Forman on

Fair Labor Standards Act - The FLSA establishes minimum wage, overtime pay, and payday standards, in addition to recordkeeping obligations and other workplace mandates. Importantly, the FLSA only places requirements on...more

Bowditch & Dewey

Department of Labor Seeks to Alter Independent Contractor Classification

Bowditch & Dewey on

On October 13, 2022, the United States Department of Labor (DOL) published a proposed rule that seeks to alter the test for determining whether a worker is an independent contractor or an employee under the federal Fair Labor...more

Kilpatrick

DOL Proposes New Independent Contractor Rule

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Earlier today the United States Department of Labor (“DOL”) issued its much-anticipated proposed rule that would update the test for determining whether a worker is an employee or independent contractor under federal wage law...more

Fisher Phillips

Labor Department Proposes to Rescind Flexible Independent Contractor Test and Re-Impose Outdated Standard: 5 Key Questions

Fisher Phillips on

Any business that retains independent contractors as part of their workforce may have a harder time maintaining their business model under a proposed rule that the U.S. Department of Labor (DOL) just released yesterday. The...more

Goodwin

U.S. Department of Labor Issues Proposed Amendment to QPAM Exemption

Goodwin on

On July 26, 2022, the U.S. Department of Labor (the “Department”) issued a proposal to amend prohibited transaction class exemption 84-14 (the “QPAM Exemption”) under ERISA. The QPAM Exemption currently allows a plan’s...more

Seyfarth Shaw LLP

Arizona OSHA is on the Chopping Block: DOL Announces Proposal to Reconsider or Revoke Approval of Arizona’s State OSHA Plan

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Seyfarth Synopsis: On April 20, 2022, the U.S. Department of Labor (DOL) announced a proposal to reconsider or revoke Arizona’s State OSHA plan, which may lead to federal OSHA takeover regulation of private employers in the...more

Fisher Phillips

DOL’s Proposed Revisions of Davis Bacon Act Rules Will Have Significant Impact on Federal Construction Contractors

Fisher Phillips on

Federal wage and hour officials recently issued proposed rules that will make it easier for unions to have their hourly rates of pay established as the prevailing wage rates and will increase the Department of Labor’s...more

Bodman

U.S. Department of Labor Announces Plans to “Go Back to the Future”

Bodman on

The U.S. Department of Labor (“DOL”) recently announced that it is taking steps in furtherance of the Biden Administration’s stated aim to increase workers’ wages. - On Friday March 11, the DOL announced that it will...more

Fisher Phillips

Take Note H-2A Employers: Labor Department Proposes New Methodology to Calculate Wage Rates

Fisher Phillips on

The Department of Labor recently announced a proposal to change the methodology of the hourly Adverse Effect Wage Rate (AEWR) for temporary nonimmigrant agricultural workers in the H-2A Program for all occupations other than...more

Goodwin

Federal Agencies Issue Joint Statement on Management of LIBOR Transition

Goodwin on

In This Issue. Federal agencies issued a joint statement regarding an orderly transition away from the London Interbank Offered Rate (LIBOR); the Office of the Comptroller of the Currency (OCC) issued an updated...more

Fisher Phillips

White House Takes Next Step At Wiping Out Trump-Era Gig Economy Rule

Fisher Phillips on

We knew it had been coming, but the Biden recently made it official: the Department of Labor announced it wants to rescind the gig economy rule that was originally crafted under President Trump’s tenure and was about to make...more

Holland & Knight LLP

DOL May Rescind Final Rules on Independent Contractor, Joint Employer Status

Holland & Knight LLP on

The U.S. Department of Labor (DOL) proposed on March 11, 2021, withdrawing the independent contractor and joint employer final rules under the Fair Labor Standards Act (FLSA). The independent contractor final rule provides...more

Maynard Nexsen

DOL Proposes Withdrawal of the Business-friendly FLSA “Joint Employer” Final Rule

Maynard Nexsen on

On March 11, 2021, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking to withdraw the Joint Employer Final Rule under the Fair Labor Standards Act (FLSA), which was published during the previous...more

Fisher Phillips

Labor Department Puts Another Nail In The Coffin For Updated Joint Employer Rule

Fisher Phillips on

Striking another blow against the Trump-era joint employer rule that briefly created a new and more business-friendly standard to wage and hour compliance, the Department of Labor today proposed rescinding the rule...more

Fisher Phillips

Biden’s Labor Department Delays Gig Economy Rule And Seeks New Public Input

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As we predicted, the Biden administration signed an order immediately after taking charge of the White House halting the advancement of the Department of Labor’s new independent contractor rule. Now for the next step: the...more

Fisher Phillips

We Won’t Have To Wait Very Much Longer For Final Gig Economy Rule

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The Department of Labor has turned down Congressional calls to extend the time period to receive public comments about the proposed independent contractor rule that would make it easier for gig economy businesses and other...more

Proskauer - Law and the Workplace

[Podcast]: DOL’s Proposed Rule on Independent Contractors

In this episode of The Proskauer Brief, partners Harris Mufson and Allan Bloom discuss the U.S. Department of Labor’s proposed new rule on independent contractor classification. In recent years, the misclassification of...more

Goodwin

U.S. Department of Labor Formalizes Reinstatement of “Five Part Test” For Fiduciary Investment Advice and Proposes Broad Principal...

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On June 29, 2020, the U.S. Department of Labor (the Department) formally reinstated its “five-part test” for determining what constitutes “investment advice” under ERISA and Section 4975 of the Internal Revenue Code (the...more

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