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The DOL Updates the QPAM Exemption from Prohibited Transaction Restrictions under ERISA (US)

The Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and the Internal Revenue Code Of 1986, as amended (“Code”) contain broad prohibitions on transactions between ERISA-covered employee benefit plans and Individual Retirement Accounts (“Plans”), as well as certain people or entities closely connected to such Plans, known as “parties in interest” or “disqualified … Continue Reading

DOL Publishes Final Independent Contractor Rule (US)

Way back in October 2022, we discussed the U.S. Department of Labor’s (DOL) issuance of a notice of new rule that would substantially change the test for whether a worker is an employee, and thus covered by the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA), or is an independent contractor, … Continue Reading

Time OT! DOL Proposes Significant Updates to Overtime Rules…Again (US)

On August 30, 2023, the US Department of Labor announced a Notice of Proposed Rulemaking (NPRM) that could significantly change the “white collar exemptions” to the overtime compensation requirements of the Fair Labor Standards Act (FLSA).  Under current law, by default all employees covered by the FLSA are entitled to overtime pay at the rate … Continue Reading

Third Circuit OKs Deductions From FLSA Exempt Employee PTO Banks (US)

In a first of its kind opinion, the U.S. Court of Appeals for the Third Circuit (which hears appeals from the federal district courts in Delaware, New Jersey, and Pennsylvania) ruled that an employer does not violate the Fair Labor Standards Act (FLSA) when it deducts time from FLSA-exempt employees’ paid time off (PTO) banks … Continue Reading

Department of Labor Reminds Employers of Duties Owed to Teleworking Employees (US)

On February 9, 2023, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin addressing several vexing questions pertaining to compliance with the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) when a business employs teleworkers. Field Assistance Bulletins do not have the effect of law, but nonetheless are important … Continue Reading

Federal Trade Commission Announces Enforcement Priority to Protect Gig Workers (US)

An estimated 16% of American workers derive at least some of their annual income from “gig” work – “side hustles” whereby they (purportedly) choose from available, on-demand work opportunities, usually through internet-based platforms or apps, working when, where, and for as long as they want. However, the practical reality for many gig workers is that … Continue Reading

US Employers Must Submit 2021 EEO-1 Data to the EEOC by May 17, 2022 (US)

Each year, all private employers that are covered by Title VII of the Civil Rights Act of 1964 and that have 100 or more employees must file EEO-1 Component 1 data, which consists of demographic information – such as race, gender, and ethnicity information – of the employer’s workforce by job category with the U.S. … Continue Reading

DOL Issues New Guidance, Specific Examples of Prohibited Retaliation Under WHD-Enforced Wage & Hour Laws (US)

On March 10, 2022, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published a Field Assistance Bulletin (FAB) entitled “Protecting Workers from Retaliation.” The FAB provides guidance on worker anti-retaliation protections available under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Migrant and Seasonal … Continue Reading

US Federal Labor Viewpoints – Week of January 17, 2022

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of January 17, 2022. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

US Federal Labor Viewpoints – Week of January 10, 2022

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of January 10, 2022. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

Supreme Court Halts Implementation of OSHA Vaccine-or-Test Rule (US)

In a per curiam majority decision issued on January 13, 2022, the United States Supreme Court stayed the implementation of the U.S. Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) that would have obligated employers with 100 or more U.S. employees to require proof of COVID-19 vaccination or weekly COVID-19 testing, plus imposed … Continue Reading

US Federal Labor Viewpoints – Week of December 27, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of December 27, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week.In this issue, we … Continue Reading

US Supreme Court to Hear Vaccine Mandate Appeals

In a pair of orders consolidating several pending cases, on December 22, 2021, the US Supreme Court agreed to hear emergency appeals from orders from multiple federal appellate courts relating to two of the pending COVID-19 vaccine mandates – the Emergency Temporary Standard (ETS) issued by the US Occupational Safety and Health Administration (OSHA) and … Continue Reading

DOL Extends ETS Compliance Deadline to January 10, 2022 (US)

As we reported previously, the Sixth Circuit Court of Appeals lifted the stay of enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard, which requires employers with 100 or more U.S. employees to ensure by January 4, 2022 that their workforces are fully vaccinated or ensure they test negative at least weekly … Continue Reading

US Federal Labor Viewpoints – Week of November 29, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of November 29, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

OSHA Files Emergency Motion to Allow Vaccine-or-Test ETS to Move Forward (US)

Our colleagues Shams Hirji and Colter Paulson at SPB’s Sixth Circuit Appellate Blog provide an update on the latest legal maneuvers involving OSHA’s Emergency Temporary Standard requiring larger US employers to require employees be vaccinated against COVID-19 or submit to regular testing and other infection prevention measures. At 2:28 a.m. this morning [November 23, 2021], … Continue Reading

OSHA Suspends Enforcement of Vaccination-or-Test Emergency Temporary Standard Pending Court Review (US)

After at least 34 lawsuits were filed nationwide seeking to permanently stay or rule unconstitutional the Emergency Temporary Standard (ETS) announced by the U.S. Occupational Safety and Health Administration (OSHA), which would have required that employers with 100 or more employees ensure their workers are fully vaccinated or test at least weekly for COVID-19, OSHA … Continue Reading

US Federal Labor Viewpoints – Week of November 8, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of November 8, 2021. *** In this issue, we cover: U.S. Economy Update Federal Vaccine Mandate Legal Challenges Update Other General COVID-19 Updates U.S. Agencies Promote Workers’ Rights Proposal … Continue Reading

US Federal Labor Viewpoints – Week of November 1, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of October 25, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, we … Continue Reading

US Federal Labor Viewpoints – Week of October 25, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of October 25, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

Department of Labor Updates (Yet Again) Its Rules on Paying Tipped Workers (US)

On October 28, 2021, the U.S. Department of Labor (DOL) issued its Final Rule on tipped wages. As Presidential administrations have changed through the years, so too has the DOL’s view regarding the circumstances under which employers can pay tipped workers less than the federal minimum wage. [See this 2019 post for the immediately prior … Continue Reading

US Federal Labor Viewpoints – Week of October 18, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of October 18, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

US Federal Labor Viewpoints – Week of September 27, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of September 27, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

US Federal Labor Viewpoints – Week of September 13, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of September 13, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading
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