Total Articles: 34
The Department of Labor Publishes Final Regulations Regarding 408(b)(2) Fee Disclosures
On February 3, 2012, the Department of Labor (“DOL”) published final regulations setting out the fee disclosure rules for persons or entities providing services to retirement plans governed by ERISA. See Treas. Reg. §2550.408-2; 77 Fed. Reg. 023 (Feb. 3, 2012) pgs. 5632-5659. These regulations detail the disclosures that a covered service provider must furnish to a covered plan fiduciary before that fiduciary may enter into or extend contracts for services to the plan under a new prohibited transaction class exemption.
U.S. Department of Labor Targets Connecticut and Rhode Island Construction Industry Employers
Connecticut and Rhode Island construction industry employers are facing a significant increase in government scrutiny of their labor and employment practices over the next several years. On November 30, 2011, the Hartford office of the U.S Department of Labor's Wage and Hour Division ("U.S. DOL") issued a press release announcing a "multiyear enforcement initiative" aimed at improving what it sees as "widespread noncompliance with minimum wage, overtime and record-keeping provisions of the Fair Labor Standards Act" in the construction industry in both Connecticut and Rhode Island.
DOL Issues Rule Requiring Federal Service Contractors to Hire Contract Predecessor’s Employees
More than two years ago, President Barack Obama issued Executive Order 13495, “Nondisplacement of Qualified Workers Under Service Contracts.” The Executive Order requires contractors (including subcontractors) under a contract that succeeds a contract for performance of the same or similar services at the same location offer the predecessor contractor’s employees a right of first refusal of employment under the contract. On August 29, 2011, the U.S. Department of Labor published its final rule implementing the Executive Order. The Rule will not take effect until the Federal Acquisition Regulatory Council (FAR Council) issues regulations. Federal service contractors should start preparations for the Rule’s implementation.
DOL Launches More Smartphone Apps
The Department of Labor is apparently on a smartphone app kick. After launching a mobile timesheet app in May (see our post, U.S. Department of Labor Launches Timesheet App to Help Employees Independently Track Hours), the DOL followed up with an OSHA Heat Safety Tool, and now a Labor Statistics app where you can “get the latest numbers from the Bureau of Labor Statistics and the Employment and Training Administration – Unemployment Rate, Consumer Price Index, Average Hourly Earnings and many others – delivered right to your phone.”
Hold onto that "Employee Rights Notice" - the NLRB has postponed the posting deadline.
On August 25, 2011, the National Labor Relations Board (NLRB) announced its final rule related to the Notification of Employee Rights under the National Labor Relations Act (NLRA). Under the rule, private-sector employers whose workplaces fall under NLRA jurisdiction will be required to post a notice of employee rights under that Act. The final rule requires employers to post and maintain the NLRB notice in conspicuous places, and to take “reasonable steps” to ensure that the notices are not altered, defaced, or covered by any other material, or otherwise rendered unreadable.
Board Releases Notice of Employee Rights Poster; Lawsuit Filed to Block Implementation of Final Rule
Executive Summary: On September 8 the National Association of Manufacturers (NAM) filed a federal suit seeking to block implementation of a new rule issued by the National Labor Relations Board (NLRB) requiring many employers, both union and non-union, to display a notice in the workplace explaining employee rights under the National Labor Relations Act (NLRA). NAM's suit alleges that the NLRB exceeded its authority by promulgating the rule. The rule will take effect November 14, 2011, unless the court blocks it.
New Poster Advises Employees Of Their Right To Unionize
The National Labor Relations Board (NLRB) issued a ruling on August 25, 2011 that requires all employers subject to the National Labor Relations Act (NLRA) (including manufacturers and virtually all other private sector employers) to inform employees of their right to unionize. The rule was posted in the Federal Register on August 30, 2011, and will take effect on November 14, 2011. The ruling requires employers to post a notice in all locations where notices are usually posted, including electronic posting on employee intranet sites.
The 11x17" poster, which will be available soon, will be provided to employers at no cost. The poster can also be downloaded from the NLRB's website and printed in color or black and white. Translated versions of the poster will be available and those versions must be posted at workplaces where at least 20% of employees are not proficient in English. Once the NLRB poster is available, all private sector employers should take steps to post this information by November 14. Although there will be no monetary fines assessed, failure to post the notice by November 14 is considered an unfair labor practice.
This latest ruling is largely in answer to the ongoing decline in union membership seen over the past 30 years. Unions, which rely on member dues to keep afloat, need to boost membership to stay alive. Today, less than seven percent of private sector workers are unionized compared to the 1980s when approximately 20 percent of the workforce was comprised of card-carrying union members. The number of union elections conducted has increased by 26 percent from 2009 to 2010; however, the win percentage has held steady at 69 percent. Although unions have been devoting substantial financial resources to organizing activities, they have not achieved the results they are seeking and have been turning to legislation and rule-making to help their cause. By informing all employees of their right to unionize, unions hope there will be more favorable certification elections.
To keep your workplace union-free, it is important to understand why employees to seek out unions. Simply put, employees who are worried about job security, who feel that their concerns have fallen on deaf ears, who think they are not being treated fairly, who were passed up for a promotion or who believe they are not being fairly compensated for their work, are prime targets for unions. It may be time to audit your workplace policies and practices and identify any areas in which your organization may be vulnerable to a union organization effort.
For guidance on this and other employment or labor law issues, contact Krukowski & Costello, S.C.'s educational services department at (414) 988-8400.
NLRB Poster on Employee Rights Now Available for Download
Effective November 14, 2011, most private sector employers must post a notice advising employees of their rights under the NLRA and provide information on how employees may contact the NLRB to file a complaint or seek additional information.
NLRB Required Poster On Employee Rights Is Now Available to Employers
On September 14, 2011, the National Labor Relations Board made the newly-required poster describing employee rights under the National Labor Relations Act available for free download. Employers should post the 11-by-17-inch notice where employees see other notifications of workplace rights and employer rules and policies.
U.S. DOL Seeks New Employment-Law-Related Apps
Did you know that the U.S. Department of Labor is in the blogosphere? Well, it certainly is. The "official blog" of the DOL is named, "Work in Progress." Catchy, isn't it? And the social-media engagement doesn't stop there. The DOL recently announced that it is sponsoring a contest to solicit employment- and employment-law-related apps.
What To Do When the DOL Makes an Unannounced Visit
Two federal agents arrive at your workplace and ask to interview all of your employees and see all of your payroll records for the last two years. Their business cards say that they are investigators from the U.S. Department of Labor Wage & Hour Division. What do you do?
One-Way "Bridge to Justice" Now In Place.
The U.S. Labor Department/American Bar Association lawyer-referral program we wrote about earlier is underway. This so-called "Bridge to Justice" is now described on the U.S. Wage and Hour Division's website.
THE U.S. DEPARTMENT OF LABOR'S "ADMINISTRATOR INTERPRETATIONS".
The United States Department of Labor is the agency responsible for administering many of the federal laws governing the American workplace. To handle its wide-ranging responsibilities, the DOL is organized into smaller bureaus. The Wage Hour Division ("WHD") is responsible for the enforcement and interpretation of the FLSA and the FMLA.
1-800-UR-Wages: DOL's Referral Program Sends Complainants Directly to Counsel.
Do not pass go, do not have your claims investigated. According to the new referral system from the U.S. DOL's Wage and Hour Division (WHD), potential plaintiffs can go directly to legal counsel. WHD, the agency responsible for enforcing the Fair Labor Standards Act (FLSA) has announced that it is undertaking a new attorney-referral initiative with the American Bar Association. In what is a jolting move to many, WHD has announced that it will begin referring certain cases to private attorneys instead of investigating those claims.
Privatizing Wage and Hour Enforcement: The New DOL-ABA Collaboration.
Over the past year, the Department of Labor has increased its emphasis on enforcement measures as part of its new strategy called Plan/Prevent/Protect: The Beginning of a Broader Regulatory and Enforcement Strategy. In keeping with those efforts, the White House recently announced an unprecedented collaboration between a federal agency and a private bar association. Starting Monday, the DOLs Wage and Hour Division will work with the Standing Committee on Lawyer Referral and Information Service of the American Bar Association. Workers who contact the Division may now be referred to qualified private-sector attorneys to handle their cases as private actions.
Polyglot for Wage and Hour Administrator.
Almost two years into his term, President Obama is making a 2nd try at an Administrator for the Wage and Hour division of the Department of Labor, with his nomination of Leon Rodriguez, currently a DOJ lawyer and formerly County Attorney for Montgomery County, Maryland.
The DOL's Wage and Hour Division will no longer provide fact-specific Opinion Letters.
Title 29 of the U.S. Code provides direction, regulation, and information regarding issues affecting labor, and includes the Fair Labor Standards Act, which addresses both federal minimum wage issues and the laws regulating overtime pay. The issues addressed under Title 29 are administered, in large part, by the Wage and Hour Division (WHD) of the Department of Labor (DOL).
Get Ready for New Guests: Federal Auditors to Come Calling
Following a substantial increase in funding and a mandate to increase its enforcement activities, the United States Department of Labor (DOL) is planning to audit hotels, motels, and resorts across the country beginning on October 1, 2010. Many of the hundreds of new DOL investigators will examine hospitality industry employers, which may include businesses located at an establishment and staffing companies that provide workers to the hospitality industry.
DOL Clarifies Status of "Administrator Interpretations".
As we previously reported, the U.S. Wage and Hour Division says that it will no longer provide substantive responses to fact-specific requests for interpretation submitted by employers or other individuals. At the recent DOL "Stakeholder Forum" in which Fisher & Phillips participated in Washington, D.C., officials indicated that this position includes requests that were pending at the time the new policy was announced.
DOL To Focus Upon Top-Down Industry Compliance.
Fisher & Phillips participated last week in a Washington, D.C. "Stakeholder Forum" conducted by the U.S. Labor Department's Wage and Hour Division. A recurring theme during this session was the Division's focus upon industry- and sector-wide compliance initiatives under the federal Fair Labor Standards Act.
DOL Opinion Letters under FLSA? Not Anymore.
On March 24, 2010, the U.S. Department of Labor's Wage and Hour Division announced that it would no longer issue opinion letters under the Fair Labor Standards Act. This was the first announcement made along with an interpretation during the Obama administration.
U.S. DOL Job Tools Voting Ends Tomorrow.
The U.S. Department of Labor (DOL), has been conducting an interesting online initiative designed to identify the best online job search and career advancement tools. They currently have 610 tools (!) posted on their site and are seeking input from people who have used the tools.
New Required EEO Poster.
The Equal Employment Opportunity Commission (EEOC) has revised its "Equal Employment Opportunity is the Law" poster. The new poster reflects the requirements of the Genetic Information Nondiscrimination Act ("GINA"), which take effect on November 21, 2009, and prohibit employers from discriminating against applicants and employees based on genetic information for employment purposes and health insurance. The new poster will also reflect the changes made by the Americans with Disabilities Act Amendments Act of 2008, which took effect on January 1, 2009.
DOL's 2010 Budget Calls for an Increase in Enforcement Funding.
Secretary of Labor Hilda Solis recently submitted the Department of Labor (DOL's) proposed budget, which, she states, will restore worker protection programs, promote green jobs, and ensure accountability and transparency. Under this budget, the DOL expects to hire nearly 1,000 new employees, including about 670 investigators, restoring worker protection staffing to FY 2001 levels.
A Quantum Of Solis.
President Obama has selected Hilda L. Solis as his choice for Secretary of Labor. Solis has been a Democratic member of the U.S. House of Representatives for the past seven years, representing a district just east of Los Angeles, California. While Solis's confirmation was delayed because of questions concerning her husband's business, she is widely expected to be confirmed by the Senate. Labor leaders throughout the country are ecstatic; business leaders, not so much. In this article we'll take a look at some of the more important aspects of her career.
Democratic Representative Hilda Solis Nominated for Secretary of Labor.
Many clients have asked for more information regarding Representative Hilda Solis, whom President-Elect Obama nominated for Secretary of Labor on December 19, 2008. Ms. Solis is serving her fourth term in Congress, representing California's 32nd Congressional District, and was re-elected to a fifth term in November 2008. Prior to her election to the House of Representatives, Ms. Solis was a member of the California state senate from 1994 through 2001. She was a member of the California state assembly from 1992 to 1994.
New Federal Poster Available Online.
The Department of Labor recently published a new "Equal Employment Opportunity is THE LAW" poster. This poster must be displayed in all workplaces covered by Title VII or Executive Order 11246. The new poster contains only minor changes intended to clarify employee rights and to provide more specific definitions.
Wage and Hour Division Criticized.
The U.S. Department of Labors Wage and Hour Division has failed to effectively enforce federal wage laws, according to a Government Accountability Office report issued on July 15th, 2008.
Improved DOL Website Helps Employers Comply.
In May, the U.S. Labor Department rolled out its FirstStep Recordkeeping, Reporting and Notices elaws Advisor. This Advisor is another attempt by the DOL to help employers comply with some of the major federal labor and employment laws.
Informer Privilege Shields Employee Statements Made to DOL.
After the DOL brought this action against Raceway for alleged FLSA violations, Raceway sought to compel production of statements given by its current and former employees to the DOL during the governments investigation.
U.S. Department of Labor Releases New elaws Tool To Help Employers Comply With Federal Law.
On May 6, 2008, the Department of Labor issued the press release below concerning a new online tool that may be useful to determine which federal laws apply to the employer. The online tool takes the user through a series of questions regarding industry, size, geographic location, and other issues. Then the guide lists particular laws which may apply to the employer, complete with links describing posting requirements and other information regarding the applicable laws.
OSHA Releases New Poster; Employers May Still Use Prior Version.
The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has published a new "It's the Law" Poster.
OFCCP Issues Final Standards and Employer Self Evaluation Guidelines Concerning Systemic Compensation Discrimination (pdf).
OFCCP Issues Final Standards and Employer Self Evaluation Guidelines Concerning Systemic Compensation Discrimination.
New Employment Poster Requirements.
The United States Department of Labor has been busy. It has issued two new workplace posting requirements. One poster is currently required and the other will be required soon.
