Archives: Department of Labor

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Texas Federal Judge Invalidates Obama-Era Overtime Regulations

In 2016, the Department of Labor issued long-awaited amendments to the Fair Labor Standards Act (“FLSA”) regulations that would have raised the minimum salary for employees exempt under the so-called “white collar” exemptions from $455/week ($23,660 annually) to $913/week ($47,476 annually) (the “Final Rule”). The Final Rule also would have required an upward adjustment to … Continue Reading

US Department of Labor Resumes Issuing Opinion Letters To Assist Employers Navigate Federal Wage & Hour and Leave Laws

Newly appointed Secretary of Labor Alexander Acosta announced on June 27 that the U.S. Department of Labor (“DOL”) would resume issuing opinion letters in response to employers and employees who submit inquiries seeking fact-specific interpretations of the Fair Labor Standards Act (“FLSA”) and the Family and Medical Leave Act (“FMLA”).  Opinion letters are official, interpretative … Continue Reading

US Department of Labor Withdraws Obama-Era Interpretation Letters On Key Wage And Hour Issues

On June 7, 2017, the US Department of Labor (DOL) withdrew its 2015 Administrator’s Interpretation on “independent contractor” status under the Fair Labor Standards Act (FLSA) and its 2016 Administrator’s Interpretation for determining “joint employment” under the FLSA. The two guidance memos specifically were intended to increase liability for employers under the Fair Labor Standards … Continue Reading

DOJ Seeks Another Extension of Time to Respond In Appeal On DOL Overtime Rule

As we previously reported, in November 2016, a Texas District Court’s temporary restraining order halted implementation of the Obama administration’s Department of Labor (DOL) regulations that were set to expand overtime pay for many US workers starting in December 2016.  The Obama administration’s Department of Justice (DOJ) appealed that order, and asked for expedited review by the … Continue Reading

The DOL Fiduciary Rule: Are Commission Structures for Retirement Investment Advisers a Thing of the Past?

On Wednesday, February 9, a Texas federal judge upheld the U.S. Department of Labor’s (DOL) controversial fiduciary rule for retirement investment advisers — just hours after the agency had asked to stay the case in light of President Donald Trump’s directive to it on February 3rd to conduct an “economic and legal analysis” of the … Continue Reading

New Overtime Regulations Put On Hold – U.S. Federal Court Judge Enjoins Implementation of FLSA Regulations

As we reported previously, in September 2016, 21 U.S. states filed a lawsuit to enjoin the implementation of the long-anticipated Fair Labor Standards Act (“FLSA”) regulations, which were scheduled to go into effect on December 1, 2016. The states argued that the Department of Labor’s regulations (the “Final Rule”) would force states and businesses to … Continue Reading

New FLSA Overtime Regulations Set to Become Effective In Just Days, But Further Developments Are Anticipated

As we have previously reported, the final FLSA overtime rule is set to go into effect on December 1, 2016—now just days away.  The new rule raises the salary threshold for workers to qualify as exempt from overtime pay requirements from $455 to $913 per week (or from $23,660 to $47,476 per year), and increases … Continue Reading

Texas District Court Permanently Enjoins DOL’s New Persuader Rule

On Wednesday, the United States District Court for the Northern District of Texas granted a motion for summary judgment filed by a group of employers and law firms against the Department of Labor’s (“DOL”) new interpretation of the persuader rule, and entered a nationwide permanent injunction barring the rule’s application. The Labor Management Reporting and … Continue Reading

US DOL Issues Final Rule Requiring Paid Sick Leave for Employees of Federal Contractors

On Thursday, the US Department of Labor released the long-awaited final rule that requires federal contractors to provide up to 56 hours of paid sick leave per year to employees.  The final rule implements President Obama’s 2015 executive order and is expected to impact more than 1.1 million workers. Effective Date:  The rule will apply … Continue Reading

Final Rules Released for Federal Contractor Paid Sick Leave and New EEO-1 Report

Yesterday was a busy day, with the announcement of two long-awaited final rules from the EEOC and the U.S. Department of Labor (“DOL”).  The EEOC released the final version of the revised EEO-1 form, and the DOL released the final paid sick leave rule for federal contractors.  (And, as we reported yesterday, the U.S. House … Continue Reading

Reminder to U.S. Employers to Update FLSA Posters

The U.S. Department of Labor (DOL) has updated its poster for “Employee Rights Under the Fair Labor Standards Act.” The new poster adds information on lactation breaks and worker (mis)classification.  Additionally, the DOL has made its new poster tech-friendly by including a scannable QR code which takes employees directly to the DOL website.  The poster … Continue Reading

Twenty-One States Join Forces to Oppose the FLSA’s New Overtime Rule

As most of you know, in May 2016 the Department of Labor (DOL) released its long-awaited Final Rule modernizing the Fair Labor Standard Act’s (FLSA) white-collar exemptions to the overtime requirements of the FLSA.  See our rundown of the changes in our earlier post here. The new rule is scheduled to take effect December 1, … Continue Reading

Agencies Publish Final Fair Pay and Safe Workplaces Rule and Guidance – Contractors Should Be Prepared

On October 25, 2016, the final rule implementing President Obama’s “Fair Pay and Safe Workplaces” Executive Order (E.O. 13676) will go into effect. The final rule was released by the FAR Council on August 24, 2016. Final guidance addressing key provisions of the final rule was simultaneously released by the U.S. Department of Labor.  The … Continue Reading

Minnesota Judge Denies Injunction Against Soon-To-Be Effective Persuader Rule but Notes Potential Issues with Rule

We kicked off the week by reminding you the Department of Labor’s (DOL) new “persuader” rules are set to take effect July 1.  The DOL’s new rules expand the circumstances under the Labor-Management Reporting and Disclosure Act (“LMRDA”) in which employers, labor consultants, and law firms must report fees and expenses associated with activity aimed … Continue Reading
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