Tag Archives: DOL

Webinar: Employment Law Worldview Webinar Series – the United States

Squire Patton Boggs presents a series of webinars focusing on the key labour and employment issues in countries throughout Europe, the Middle East, Asia Pacific and the United States. Given in English by our local labour and employment law experts, each 60-minute webinar comprises a 50-minute presentation followed by a 10-minute online question and answer … Continue Reading

Inching Closer to the Effective Date of the FLSA Overtime Changes!

On March 15, 2016, the U.S. Department of Labor (“DOL”) sent the White House’s Office of Management and Budget (“OMB”) its final rule expanding the Fair Labor Standards Act’s (“FLSA”) overtime pay requirement. If you haven’t already heard, this rule will raise the threshold required to qualify for the FLSA’s “white collar” exemption to an … Continue Reading

District Judge Rejects Claim by NCAA Student-Athletes – Determines Student-Athletes are Not Employees

The month of March is synonymous with spring, new beginnings, and St. Patrick’s Day. In the world of sports, it’s synonymous with March Madness: the three-week period where student-athletes from sixty-eight different Universities across the nation compete to be crowned champion of the National Collegiate Athletic Association’s (NCAA) basketball tournament. Last year’s tournament brought the … Continue Reading

Department of Labor Joins the Joint Employer Discussion

On Wednesday, January 20, the U.S. Department of Labor (DOL) issued an administrator’s interpretation [pdf] that includes guidelines for when companies should be considered “joint employers” under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).  The joint employer debate has been gaining steam over the past year.  … Continue Reading

Executive Action: Obama’s Legacy and 2016 Predictions (Part 2 of 2)

As promised in our previous post, today we conclude our predictions on President Obama’s 2016 executive activity.  While we believe the President’s final executive orders will target immigration and perhaps even corporate political expenditures, we predict executive agency action will cover a broad range of pressing labor and employment issues.  With federal legislative gridlock expected … Continue Reading

Employee or Independent Contractor? US Department of Labor Provides New Guidance

“[M]ost workers are employees under the [Fair Labor Standards Act’s] broad definitions.” The debate over classification of workers as employees versus independent contractors has yet another chapter.  Last month, it was the California Labor Commissioner who sent ripples across the rideshare industry by telling Uber Technologies, Inc. that its drivers are employees, not independent contractors.  … Continue Reading

Fifth Circuit Slams Department of Labor For Botched Investigation and Bad Faith Litigation Tactics

Court Orders DOL to Pay Employer’s Attorneys’ Fees in Agency’s Bungled Misclassification Prosecution Nearly 239 years after the Continental Congress declared a set of self-evident truths paving the way for a system of checks and balances, the United States Fifth Circuit Court of Appeals checked the United States Department of Labor (“DOL”), requiring it to … Continue Reading

President Obama Pushes Increased Funding and High Hopes for the DOL, EEOC, and NLRB in the FY 2016 Proposed Budget

On February 2, 2015, President Obama released his proposal for the FY 2016 budget.  In it he requests across the board funding increases for the Department of Labor (10.9% increase from FY 2015), the Equal Employment Opportunity Commission (2.3% increase from FY 2015), and the National Labor Relations Board (1.4% increase from FY 2015). Considering the disparity between … Continue Reading

Will DOL Cuts Give Employers a Break?

President Obama’s Director of the Office of Management and Budget announced earlier this week that the White House’s budget proposes to cut the Department of Labor’s funding for fiscal year 2012 by 5%.  In other words, the DOL is going to have to do more with less.  Or maybe they’ll just have to do less. Some employers are hopeful … Continue Reading
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