News & Analysis as of

Wage and Hour Federal Register

Constangy, Brooks, Smith & Prophete, LLP

NLRB delays effective date of “joint employer” regs until late February

The National Labor Relations Board announced Thursday that it was delaying the effective date of its new joint employer regulations from the original December 26 (end of next month) to February 26, 2024. The Board asserts...more

Cozen O'Connor

Federal Contractor Hourly Minimum Wage Increased to $17.20 Starting January 1, 2024

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On January 1, 2024, the hourly minimum wage for certain federal contractor employees will increase to $17.20, according to a Notice issued by the Wage and Hour Division of the United States Department of Labor (DOL) and...more

Gould + Ratner LLP

New DOL Proposal Would Expand Overtime Pay to Millions of Workers

Gould + Ratner LLP on

The U.S. Department of Labor (DOL) has announced a new proposed rule that – if it becomes final – would extend overtime pay to over 3 million American workers. Annual Salary Threshold for EAP Exemptions Increases to...more

Lowenstein Sandler LLP

United States Department of Labor Proposes Increased Salary Threshold for Employees to Maintain Exemption From Overtime

Lowenstein Sandler LLP on

The U.S. Department of Labor (DOL) announced today a notice of proposed rulemaking to raise the salary threshold for “white collar” minimum wage and overtime pay exemptions. The proposed rule would increase the minimum annual...more

Husch Blackwell LLP

DOL Attempts to Expand Prevailing Wage Authority to All “Development Statutes”

Husch Blackwell LLP on

Developers of renewable energy projects generally haven’t concerned themselves with the Davis-Bacon Act, the Great Depression-era federal law that mandates the paying of prevailing wages to laborers on public works projects;...more

McGlinchey Stafford

EEOC Issues Proposed Regulations for Implementation of the Pregnant Workers Fairness Act

McGlinchey Stafford on

On December 9, 2022, President Biden signed the Pregnant Workers Fairness (PWFA) into law. The Act requires that covered employers provide “reasonable accommodations” to employees as may be necessitated by pregnancy,...more

Fox Rothschild LLP

DOL Proposed Rule Moves Revised Employee/Independent Contractor Classification Framework Forward

Fox Rothschild LLP on

On October 13, 2022, a new proposed rule promulgated by the U.S. Department of Labor (the “DOL”) in connection with the classification of employees and independent contractors will be published in the Federal Register and on...more

Smith Debnam Narron Drake Saintsing & Myers,...

Department of Labor Tightens the Screws on Contractor Classification

As widely anticipated, on October 11, the Wage and Hour Division of the United States Department of Labor (DOL) issued a proposed rule revising its analysis of what constitutes an employee under the Fair Labor Standards Act...more

Constangy, Brooks, Smith & Prophete, LLP

USDOL releases proposed regulations on independent contractors

Tuesday morning, the U.S. Department of Labor issued proposed regulations addressing whether a worker is an “employee” or an “independent contractor” under the Fair Labor Standards Act. We are reviewing the proposal now and...more

FordHarrison

OFCCP Receives Media Request for EEO-1, Type 2 Report Filed by Federal Contractors

FordHarrison on

On August 19, the Federal Register published a Notice that OFCCP received a request under the Freedom of Information Act (FOIA) from the Center for Investigative Reporting (CIR). CIR is seeking all federal prime contractors’...more

Littler

OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

Littler on

On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more

Hahn Loeser & Parks LLP

U.S. Department of Labor Announces Overhaul of Prevailing Wage Rules

On March 11, 2022, the U.S. Department of Labor announced a Notice of Proposed Rulemaking to update the rules governing how workers are paid on federally funded construction projects. The proposed changes represent the...more

Fox Rothschild LLP

DOL Proposes Rules To Limit ‘Side Work’ For Tipped Employees And Regulate Tip Credits

Fox Rothschild LLP on

On June 21, 2021, the U.S. Department of Labor (DOL) announced proposed rules setting forth new tip regulations under the Fair Labor Standards Act (FLSA). These new rules would reinstate the so-called “80/20” rule under...more

Jackson Lewis P.C.

Federal Contractor $15 Minimum Wage Will Apply Beginning January 30, 2022

Jackson Lewis P.C. on

President Joseph Biden has fulfilled a promise to significantly increase the minimum wage for federal contractor workers working “on or in connection with” a covered federal contract. He has issued an executive order raising...more

Constangy, Brooks, Smith & Prophete, LLP

Biden DOL Proposes To Dismantle Trump regs On Tipping, FLSA

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

Jackson Lewis P.C.

Department Of Labor Issues Final Independent Contractor Rule

Jackson Lewis P.C. on

The Department of Labor’s (DOL) Wage and Hour Division has formally released a Final Rule defining “independent contractors” under the Fair Labor Standards Act (FLSA). The regulation provides that “an individual is an...more

Jackson Lewis P.C.

Labor Department Issues Final Rule On Tip Pooling Amendments, Elimination Of ‘20%’ Dual Jobs Rule

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has issued its long-awaited Final Rule addressing who may share tips under the Fair Labor Standards Act (FLSA) and the circumstances under which employers may use a tip credit. The Final...more

Jackson Lewis P.C.

New DOL Rule Could Limit Some Employers’ Hiring And Retention Of Highly Skilled Foreign Employees

Jackson Lewis P.C. on

After months of speculation, the Department of Labor’s (DOL’s) “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” rule was finally released to the public. It...more

Brooks Pierce

DOL Proposed Rule Clarifies Requirements for Classifying Workers as Independent Contractors

Brooks Pierce on

On Sept. 22, 2020, the U.S. Department of Labor (DOL) issued a proposed rule(link is external) providing guidance to employers on whether workers should be classified as employees or independent contractors under the Fair...more

Foley Hoag LLP

Department of Labor Proposes New Rule on Independent Contractors

Foley Hoag LLP on

On September 22, 2020, the U.S. Department of Labor (DOL) unveiled its long-awaited proposed independent contractor rule. The new rule sets forth a new standard for determining whether a worker can be classified as an...more

Sherman & Howard L.L.C.

DOL Bucks States’ Trend On Independent Contractors

On September 22, 2020, the United States Department of Labor (“DOL”) proposed regulations intended to make it easier for companies to classify workers as independent contractors. The proposed rule offers a framework for...more

Holland & Hart - Employers' Lawyers

New Department of Labor Proposed Rule Makes It Easier to Classify Workers as Independent Contractors under the Fair Labor...

On Tuesday, September 22, the United States Department of Labor’s Wage and Hour Division announced a proposed rule that clarifies whether a worker is an employee or an independent contractor under the Fair Labor Standards Act...more

DirectEmployers Association

OFCCP Week In Review: September 2019

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

USDOL To Publish "White Collar" Exemption Information Request (Updated 07/26/17)

Fisher Phillips on

A U.S. Department of Labor Request for Information will be published tomorrow morning to seek additional public comment regarding the 2016 compensation revisions in the regulations defining the federal Fair Labor Standards...more

Ballard Spahr LLP

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

Ballard Spahr LLP on

The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential...more

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