News & Analysis as of

Public Comment 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

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

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

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

Beltway Buzz - November 2021 #2

Infrastructure Bill Passes - Now What? Both the U.S. Senate and U.S. House of Representatives are out this week. But before they left for home, on November 5, 2021, the House of Representatives passed the Infrastructure...more

Jackson Lewis P.C.

Proposed Regulations Implementing $15 Federal Contractor Minimum Wage Issued

Jackson Lewis P.C. on

As covered in our last blog post on this topic, President Biden issued Executive Order 14026 on April 27, 2021 raising to $15 per hour the minimum wage certain federal contractors must pay workers performing work “on or in...more

Littler

OFCCP Issues Final Rule on TRICARE Participation and Covered Health Care Providers

Littler on

On July 2, 2020, the Office of Federal Contract Compliance Programs (OFCCP) issued a final rule1 amending its regulations to confirm the agency lacks jurisdiction over health care providers whose sole government contract is...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

Womble Bond Dickinson

DOL Moves Closer to Finalizing New Regulations on Overtime Exemptions for 2020

Womble Bond Dickinson on

The U.S. Department of Labor ("DOL") is one step closer to publishing final regulations on the FLSA's overtime exemptions for "white collar" workers in executive, administrative, and professional positions. The DOL published...more

Pillsbury Winthrop Shaw Pittman LLP

How Employers Should Respond to the Trump Administration’s Proposed Overtime Rule

The proposed changes seek to formally rescind the Obama Administration’s 2016 Final Rule, which more than doubled the minimum salary levels for exemption for overtime requirements. Instead, the Trump Administration proposes...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

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

WHD Conducts Final Listening Session on Part 541 Regulations, Announces March 2019 Target Date for NPRM

On August 27, 2018, the U.S. Department of Labor (DOL) announced that it would be conducting a series of listening sessions in various cities across the United States to solicit feedback on the overtime rule. The DOL, which...more

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

DOL’s Tip of the Hat to Back-of-the-House Employees: New NPRM to Rescind 2011 Regs

In response to significant pressure from the hospitality industry—specifically, the restaurant industry—as well as increasing litigation and changes to reduce or eliminate the use of tip credits at the state level, the U.S....more

Littler

DOL Issues Proposed Rule to Rescind 2011 Regulations that Impose Tip-Sharing Restrictions on Employers that Pay the Full Federal...

Littler on

The U.S. Department of Labor (DOL) has issued a proposed rule to rescind the Department’s position that employers must comply with tip-pooling requirements even when paying the full minimum wage. ...more

Seyfarth Shaw LLP

Department Of Labor’s Wage And Hour Division Proposes To Nix Unpopular Tip Pooling Rule

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Monday, the DOL issued a Notice of Proposed Rulemaking announcing rescission of a rule that regulates tip pooling by employers who do not take the tip credit. The DOL has issued a Notice of Proposed...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

McAfee & Taft

DOL proposes dramatic changes to FLSA overtime rules

McAfee & Taft on

In March of 2014, President Obama issued a presidential memorandum directing the secretary of labor to “update” and “modernize” the regulations under which the U.S. Department of Labor (DOL) manages the Fair Labor Standards...more

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