join our network! affiliate login  
Custom Search
GET OUR FREE EMAIL NEWSLETTERS!
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More

Total Articles: 10

Serenity Now – Looking Back On USDOL's Actions Mid-Year, And A Sneak Peek At What Might Be Coming

We are almost half way through 2018, and this year has been filled with fast and furious changes at USDOL. Proposed tip credit changes (Check, including a reaction from Congress and more tip credit changes on the horizon). Voluntary compliance programs (Check). Supreme Court cases that perhaps change the way we look at all FLSA exemption cases (Check). All of this, in less than six months of time. Well, I think you get the point. We will try to unpack these changes a little, and tell you what you might expect before trading in your 2018 calendar for the new year.

Supreme Court Holds SEC ALJs Must Be Appointed by Agency Heads

On June 21, 2018, the Supreme Court of the United States held in Lucia v. Securities and Exchange Commission that the former practice of the Securities and Exchange Commission (SEC) of having its staff employees appoint administrative law judges (ALJs) violated the Appointments Clause of the U.S. Constitution.

Beltway Buzz, June 15, 2018

Our Washington Capitals fever is breaking here in D.C. but not before local area legislators introduced a resolution in the House of Representatives congratulating the team on their recent Stanley Cup victory. No surprise here. After all, at least some authorities argue that the phrase “jumping on the bandwagon” started in politics. Here is your Beltway Buzz.

Beltway Buzz, June 8, 2018

Finally, some good news to report from our nation’s capital, as the Washington Capitals won their first ever Stanley Cup last night. Here is your Beltway Buzz.

Beltway Buzz, May 25, 2018

No, this week’s edition of the Buzz will not be in #ALLCAPS, but folks in D.C. are certainly excited that their hockey team made it to the Stanley Cup Final. If the District had any meaningful representation in Congress at all, we’re sure they’d be making friendly bets with their Nevadan counterparts over the outcome of the series. So let’s go Caps, and here is your Beltway Buzz.

Four Pitfalls to Avoid When Responding to a Charge of Discrimination

When an employment discrimination case goes into litigation, two of the very first things an attorney will want to see is the charge of discrimination that was filed by the employee and the response that was provided by the employer. If the employer initially responded to the investigating agency without the help of legal counsel, mistakes or oversights may have been made during the administrative phase that can affect the case’s overall success during litigation. Here are some common mistakes employers sometimes make when responding to a charge of discrimination.

Beltway Buzz, May 18, 2018

The Buzz returns renewed and reenergized from last week’s highly successful Workplace Strategies conference in Phoenix, Arizona, where approximately 800 employer representatives gathered with Ogletree Deakins lawyers to discuss current developments and the future outlook for all aspects of labor and employment law (if you missed this year’s event, be sure to join us at the Bellagio in Las Vegas in 2019). Overheard at Workplace Strategies: “Is that beer-packing burro an employee or an independent contractor?”

Agencies Release Regulatory Roadmap for 2018 and Beyond

The latest Unified Agenda of Regulatory and Deregulatory Actions ("spring agenda") continues this administration's trend of adding fewer new rules and reexamining older ones. These semiannual agendas provide insight into federal agency priorities for the coming year. While the list of upcoming rules is relatively pared down compared to those issued during the prior administration, there are still a few surprises in the spring agenda. Notably, the Department of Labor (DOL) is pushing the issuance of a new proposed rule governing overtime into 2019, and the National Labor Relations Board (NLRB) is considering drafting a rule on joint employment. Some highlights of the spring agenda are discussed below.

What the Spring 2018 Regulatory Agenda Reveals About Future Labor and Employment Policy

On May 9, 2018, the U.S. Department of Labor (DOL), the National Labor Relations Board (NLRB), and the U.S. Equal Employment Opportunity Commission (EEOC) released their spring 2018 regulatory agendas. There were a few surprises.

A Full Plate for USDOL in 2018

The latest regulatory agenda shows four wage-hour items on the U.S. Labor Department's (USDOL) plate. In addition to revisiting the federal Fair Labor Standards Act's (FLSA) white-collar exemptions and tips-related regulations (as we discussed last year and last month, respectively), USDOL intends to publish proposed rules later this year on child labor restrictions and the regular rate.