#WorkforceWednesday: OSHA’s Updated COVID-19 Guidance, CDC’s New Mask Guidance, Biden Administration Rollbacks - Employment Law This Week®
II-30- Tackling 3 Big Wage and Hour Questions for Employers
Employment Law This Week®: Special “Wage and Hour” Edition
Employment Law This Week®: Class Action Waiver Cases, Rescission of Tip-Pooling Restrictions, Title VII & Sexual Orientation, Updated Form I-9
Employment Law This Week: Sexual Orientation Discrimination Suits, Tip Pooling, Successor Liability, Trade Secrets, Workplace Solicitation
The Department of Labor (DOL) has issued two proposed rules that seek to withdraw the Trump Administration rule regarding the lower minimum wage of $2.13 for tipped workers (the “Tip Rule”). The Trump Administration Tip Rule...more
In a pair of proposed rules published in this morning’s Federal Register, the Wage and Hour Division of the U.S. Department of Labor has taken additional steps to derail and eventually modify regulations issued during the...more
In December 2020, the U.S. Department of Labor (DOL) announced a final rule (the Rule) which, according to the DOL, is intended to implement changes made by the Consolidated Appropriations Act of 2018 to Section 3(m) of the...more
On January 26, 2020, the Department of Labor’s (DOL) Wage and Hour Division withdrew three Opinion Letters released the week prior to Biden’s inauguration, including FLSA 2021-4 (discussed in the blog post here) as well as...more
Outlook for This Week in the Nation's Capital - Senate Appropriations. The Senate plans to bring up two House minibus appropriations bills this week according to Senate Majority Leader McConnell (R-KY). ...more
Since 1966, Section 3(m) of the Fair Labor Standards Act permits an employer to take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (currently...more
The latest Unified Agenda of Regulatory and Deregulatory Actions ("spring agenda") continues this administration's trend of adding fewer new rules and reexamining older ones. ...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first three months...more
Wage and hour issues continue to keep employers up at night, with new lawsuits and potential exposure not diminishing any time soon. Today’s episode tackles three important questions in this area: the meaning and potential...more
President Trump has signed into law an omnibus federal budget for fiscal year 2018. Among the bill’s provisions is a compromise intended to end litigation and regulatory uncertainty over employers requiring mandatory tip...more
Outlook for This Week in the Nation's Capital - Spring Break. Congress is on recess for the next two weeks while observing the Easter and Passover holidays. Both Chambers will return the week of April 9....more
Déjà Vu All Over Again? It is perhaps fitting that last Friday was Groundhog Day, as this week we relived the same government funding battle that we went through just a few weeks ago. Thankfully, because the shutdown card has...more
Another Shutdown? Congress needs to pass another short-term spending bill by Friday in order to keep the government open, but some House Republicans are against the plan for a fifth continuing resolution that would fund the...more
One Shutdown Averted, Countdown Begins Again: With the government funded through December 22, House and Senate leadership are shifting their focus on how to structure a long-term spending deal that would include an increase...more
This past April, we reported on a recent Ninth Circuit ruling which upheld a 2011 Department of Labor (“DOL”) rule that prohibits restaurants from instituting tip-pooling arrangements that include both front-of-house staff...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more
A year ago, employers across the country prepared for the implementation of a new overtime rule that would dramatically increase the salary threshold for white-collar exemptions, on the understanding that the new rule would...more
In 2011, the Obama Department of Labor (DOL) adopted a rule stating that service industry employers could not implement tip pooling rules, even if they did not claim the tip credit for minimum wage compliance purposes. Tip...more
The U.S. Department of Labor plans to propose a full rescission of the controversial tip-pooling restrictions impacting employers who pay tipped employees the full minimum wage directly sometime in August, according to a...more
Yesterday the Trump Administration, through the Office of Management and Budget’s Office of Information and Regulatory Affairs, released the federal government’s semi-annual Unified Agenda of Regulatory and Deregulatory...more
Each spring and fall, Washington waits with bated breath as the Executive Branch releases its regulatory agenda. As the first pronouncement of some of the specifics of the Trump Administration’s regulatory plans, this year’s...more
Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more