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ten most recent federal employment law articles Ten Most Recent Federal Articles

FLSA Changes Could Make Many Retail Managers Non-Exempt Employees

Fisher & Phillips LLP • March 04, 2015
Expectations are that the U.S. Labor Department’s proposed regulations re-defining the federal Fair Labor Standards Act‘s executive, administrative, professional, outside-sales, and derivative exemptions will be released in the next few weeks, if not within days.

eLABORate: New Revisions to the Family Medical Leave Act Expand Coverage

Phelps Dunbar LLP • March 04, 2015
On February 25, 2015, the U.S. Department of Labor finalized a rule which extends the Family Medical Leave Act’s (“FMLA”) protections to married same-sex couples. The rule, originally proposed in June 2014, implements necessary policy changes resulting from the U.S. Supreme Court’s landmark United States v. Windsor decision which overturned the section of the Defense of Marriage Act barring the federal government from recognizing same-sex marriages.

Fleet-Footed Investigations and Prompt Remedial Action: The New Normal

Littler Mendelson, P.C. • March 04, 2015
Does your company respond to all internal concerns immediately, investigate them thoroughly and remediate them with unmatchable speed? What if the concern comes from an officer, director, lawyer, compliance professional, internal auditor, or an outside accountant? Do you assume you have time because, after all, it is the informant’s “job” to identify and remedy non-compliance? Or do you jump on the concern regardless of who raises it, launching and concluding your investigation and implementing remedial action within 120 days?

New DHS Rule Extends Eligibility for Work Authorization to H-4 Dependent Spouses of Certain H-1B Workers Starting May 26, 2015

FordHarrison LLP • March 04, 2015
Executive Summary: In a historic move, effective May 26, 2015, the Department of Homeland Security ("DHS") will allow, for the first time, H-4 spouses of H-1B workers who are pursuing permanent residence ("green cards") to apply for work authorization. DHS recognizes that the inability of H-4 spouses to work, through what is often a very lengthy green card process for the H-1B worker, may create financial and personal stressors for a household which can make the prospect of living in the U.S. long term unattainable. Given that such financial constraints can cause an H-1B worker to abandon his or her green card process and return overseas, resulting in the loss of talent and disruption to US businesses, DHS hopes that the change will encourage H-1B nonimmigrants to remain in the U.S. and see the process through to the end. In this way, DHS supports the retention of highly skilled H-1B workers and ensures that this talent remains in the U.S. to benefit our economy as opposed to the economy of a competitor nation.

DHS Funding Hangs In Balance While Congress Squares Off Over Executive Action on Immigration

Ogletree Deakins • March 04, 2015
A chess match continues to be fought in Congress over the fate of President Obama’s executive action on immigration. The standoff is over disagreement as to whether President Obama exceeded his constitutional authority by attempting to bypass Congress and put into effect a collection of immigration reforms through executive action first announced on November 20, 2014. Two of the central provisions from that executive action, the creation of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and the extension of the related Deferred Action for Childhood Arrivals (DACA) program, are currently blocked by a preliminary injunction ordered by federal district Judge Andrew Hanen in a case brought by 26 states to challenge the president’s action. The administration has appealed Judge Hanen’s order.

Executive Labor Summary - January / February 2015

Constangy, Brooks, Smith & Prophete, LLP • March 03, 2015
Massive labor disputes on two of three U.S. coasts; Republican Congress tries to check NLRB's pro-labor efforts; Unions double up at Volkswagen's Chattanooga plant.

Same-Sex Married Couples Now Have Equal Rights to FMLA Leave Regardless of Their Residence

Littler Mendelson, P.C. • March 03, 2015
The U.S. Department of Labor (DOL) has issued a Final Rule revising the regulatory definition of "spouse" under the Family and Medical Leave Act (FMLA) to ensure that same-sex married couples receive the rights and protections under the FMLA without regard to where they reside. The new definition takes effect on March 27, 2015.

Same-Sex Spouses to be Covered by FMLA as of March 27, 2015

Ogletree Deakins • March 03, 2015
On February 25, 2015, the U.S. Department of Labor (DOL) finalized a new rule (which was published in the Federal Register) expanding protections under the Family and Medical Leave Act (FMLA) for same-sex married couples.

Marriage Equality and the FMLA

Young Conaway Stargatt & Taylor, LLP • March 03, 2015
The Supreme Court’s 2013 ruling in United States v. Windsor created a lot of uncertainty in the area of federal employment benefits. Because the federal government’s definition of marriage as being between one man and one woman was held to be unconstitutional, the decision left open the question of when same-sex couples were eligible for spousal benefits in a variety of contexts. In a move that is sure to simplify issues for multi-state employers, the Department of Labor is taking steps to clarify that issue under the Family & Medical Leave Act (FMLA).

DOL Wage and Hour Division Announces Fiscal Year 2014 Recovery of $240 Million From Employers

Franczek Radelet P.C • March 03, 2015
Last week, Department of Labor Wage and Hour Division (WHD) Administrator Dr. David Weil, who we have profiled in the past, announced on the DOL’s blog that WHD recovered more than $240 million dollars from employers on behalf of workers during fiscal year 2014, which ended last September. This total was down about 4% from last year’s $249 million, but is still an enormous total given WHD’s limited investigative capabilities.

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