Total Articles: 135
Littler Mendelson, P.C. • November 07, 2018
In an effort to create a win-win solution for both employers and employees, the Department of Labor has extended its pilot compliance program, called the Payroll Audit Independent Determination (PAID). The purpose of this program is to help employees get paid for wages they have earned and to help employers correct past payroll mistakes.
XpertHR • November 05, 2018
The US Department of Labor, jointly with the IRS and the Department of Health and Human Services, released proposed rules for Health Reimbursement Arrangements. The proposed rules were in response to President Trump's Executive Order promoting healthcare choices outside of the Affordable Care Act, which included allowing small businesses to join association health plans.
Fisher Phillips • November 01, 2018
Earlier this year we shared that the U.S. Department of Labor (USDOL) was launching its Payroll Audit Independent Determination (PAID) program. This month the program was extended and the agency wasted no time beginning its efforts to further educate employers and attorneys about the program. As a recent presentation in greater-Atlanta confirmed, the public still is skeptical. Nonetheless, PAID might just have a place.
Littler Mendelson, P.C. • October 18, 2018
Employers will face fewer significant regulations in the coming year, according to the Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda"). Released on October 17, 2018, the fall regulatory agenda outlines each agency's rulemaking efforts at any stage in the process—from requests for information to final regulations—and gives estimated timelines for completion. This regulatory to-do list provides insight into the administration's upcoming priorities.
XpertHR • October 17, 2018
The latest regulatory agenda from US Department of Labor (DOL) outlines the agency's plans for rulemaking that will affect employers across the nation. Among the most notable developments are:
Littler Mendelson, P.C. • October 03, 2018
On Friday, September 28, 2018, the Department of Labor’s Bureau of Labor Statistics (BLS) issued its first estimate of how many U.S. workers participate in electronically mediated (online platform) work, and concluded that “electronically mediated workers” accounted for 1.0% of total employment in May 2017.
Goldberg Segalla LLP • September 18, 2018
The U.S. Department of Labor (DOL) announced that it issued six new opinion letters. DOL opinion letters are designed to provide clarity to federal labor laws. The six new DOL opinion letters interpret issues under the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA).
XpertHR • September 18, 2018
The US Department of Labor (DOL) is ready to provide funding to counties in North Carolina and South Carolina to help any workers who lost their jobs as a result of Hurricane Florence.
Fisher Phillips • September 11, 2018
Last month, the United States Department of Labor (USDOL) Wage and Hour Division announced that it would hold public listening sessions, inviting members of the public to comment on the FLSA's white-collar exemptions.
FordHarrison LLP • September 09, 2018
Executive Summary: Last week, on August 28, 2018, the U.S. Department of Labor (DOL) issued four Fair Labor Standards Act (FLSA) opinion letters. In welcome late-summer news to employers, each opinion is employer-friendly. Below is a summary of each.
Jackson Lewis P.C. • September 06, 2018
Focusing on education to ensure compliance with the Fair Labor Standards Act, on August 28, 2018 Secretary of Labor Alexander Acosta announced the creation of the DOL’s new Office of Compliance Initiatives (OCI). That office has launched two new websites, one to provide employers with resources to assess wage and hour compliance, and the other to provide employees with information regarding their rights and responsibilities under federal wage and hour law. Those websites are named, aptly, employer.gov and worker.gov, respectively.
XpertHR • September 06, 2018
The US Department of Labor (DOL) has created a new Office of Compliance Initiatives (OCI).
Ogletree Deakins • August 30, 2018
On August 28, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released six opinion letters—four involving the Fair Labor Standards Act (FLSA) and two involving the Family and Medical Leave Act (FMLA). The four wage-and-hour opinion letters address the following topics:
Littler Mendelson, P.C. • August 29, 2018
The U.S. Department of Labor (DOL) has issued six new opinion letters addressing various matters under the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). According to the DOL, the release of this guidance “demonstrates the agency's continued commitment to providing meaningful compliance assistance to help employees understand their rights and ensure that employers have the information they need to comply with federal labor laws.” The DOL also announced the formation of an Office of Compliance Initiatives to strengthen employer compliance assistance.
Fisher Phillips • July 23, 2018
On July 13, 2018, the U.S. Department of Labor (USDOL) issued a Field Assistance Bulletin to its enforcement administrators addressing how to determine if and when a home health caregiver referred to a client by a “home care, nurse, or caregiver registr[y]” has an employer-employee relationship with a registry under the Fair Labor Standards Act (FLSA). The bulletin explains that “[a] registry is an entity that typically matches people who need caregiving services with caregivers who provide the services, usually nurses, home health aides, personal care attendants, or home care workers with other titles. . . .” The bulletin further clarified that it will apply the “economic reality test” when making such determinations. Although the bulletin itself may have limited application, the factors set forth in the bulletin give insight into how the USDOL under President Trump’s administration may tackle independent contractor determinations moving forward.
Ogletree Deakins • July 20, 2018
On July 13, 2018, the acting administrator for the United States Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) 2018-4 to assist field staff in determining when home care, nurse, or caregiver registries will be considered employers under the Fair Labor Standards Act.
Ogletree Deakins • July 20, 2018
A little-known but crucial position at the U.S. Department of Labor (DOL)—the director of the Office of Labor-Management Standards (OLMS)—was finally filled on July 9, 2018, by Arthur F. Rosenfeld, an experienced former member of the administration of President George W. Bush. The intention to appoint Rosenfeld was first announced over nine months ago.
Brody and Associates, LLC • July 08, 2018
Early this year, the Department of Labor reissued 17 previously withdrawn opinion letters. The Obama Administration withdrew these letters in March 2009, for further consideration but never followed up. The Trump Administration has taken up the torch and reissued the old 2009 opinions.
Fisher Phillips • June 26, 2018
The Trump administration just announced an ambitious plan to overhaul the federal bureaucracy that would include the merging of the Department of Labor (USDOL) with the Department of Education. The 132-page proposal announced on June 21, titled “Delivering Government Solutions in the 21st Century – Reform Plan and Reorganization Recommendations,” says that the merger would bring greater responsiveness, accountability, and efficiency, and would better meet the needs of American workers and students. But what impact would it have on the day-to-day dealings for employers and educational institutions?
Fisher Phillips • June 21, 2018
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.
Fisher Phillips • May 10, 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.
Phelps Dunbar LLP • April 30, 2018
On June 27, 2017, the Department of Labor Wage and Hour Division announced that it would resume its issuance of opinion letters—a practice that was once standard within the Division. Opinion letters provide employers with official guidance on how to properly execute their responsibilities under the Fair Labor Standards Act (FLSA), Family Medical Leave Act (FMLA), and other federal statutes in fact-specific situations. The Division ended the practice in 2009 and began providing more generalized statutory guidance in the form of administrator interpretations.
Littler Mendelson, P.C. • April 22, 2018
Last month, we reported on the U.S. Department of Labor, Wage and Hour Division’s (“WHD”) newly created Payroll Audit Independent Determination (“PAID”) Program, through which employers can proactively seek to resolve potential and actual violations of the Fair Labor Standards Act (“FLSA”). The WHD recently issued additional information on the program. While not all-encompassing, the new publication sheds more light on the program’s mechanics and the “steps” employers must take to participate.
The US Department of Labor (DOL) recently issued three new opinion letters, the first in nearly a decade since the Obama administration abandoned the longstanding practice in 2010.
Ogletree Deakins • April 16, 2018
On April 12, 2018, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced three new wage and hour opinion letters. The DOL only recently resumed issuing opinion letters on June 27, 2017, after having abandoned the practice several years prior.
Littler Mendelson, P.C. • April 15, 2018
On April 12, 2018, the United States Department of Labor issued three opinion letters that provide guidance on how employees without “normal working hours” should be compensated for travel time involving an overnight stay, whether rest breaks provided as a reasonable accommodation are compensable, and what forms of lump-sum payments can be garnished for child support. In addition, the DOL issued a fact sheet detailing when teachers, coaches, and other professionals who work at higher education institutions should be paid overtime.
Ogletree Deakins • April 15, 2018
The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issues guidance to employers and individuals through Opinion Letters, Ruling Letters, Administrator Interpretations, and Field Assistance Bulletins. An “Opinion Letter” is an official written opinion by WHD of how a particular law that WHD enforces applies in specific circumstances presented by an employer, employee, or other entity requesting the opinion.
Jackson Lewis P.C. • April 12, 2018
Last month, the DOL announced the Payroll Audit Independent Determination program (“PAID”), a self-auditing program designed to encourage employers to uncover and voluntarily report potential minimum wage and overtime violations and avoid the risk of penalties or liquidated damages that would be imposed if the Agency discovered the violations in the first instance. We initially discussed the PAID program here.
Nexsen Pruet • April 11, 2018
On April 3, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) launched the Payroll Audit Independent Determination program (PAID) on a six-month trial basis. The intent of the program is to allow employers to pay back wages to workers for inadvertent overtime and minimum wage violations under the Fair Labor Standards Act (FLSA) while avoiding penalties and litigation expenses.
Ogletree Deakins • April 06, 2018
On April 3, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released additional information concerning its Payroll Audit Independent Determination (PAID) program. The information can be accessed on a PAID portal on the DOL’s website. As you may recall, the PAID program is a pilot program that enables employers to conduct self-audits to assess Fair Labor Standards Act (FLSA) compliance and voluntarily report violations to the WHD. Assuming certain conditions are met, the WHD will supervise the payment of back wages to employees impacted by the FLSA violation.
Franczek Radelet P.C • March 21, 2018
You may have read about the U.S. Department of Labor’s new “Payroll Audit Independent Determination” or “PAID’’ pilot program. Under this program, the DOL invites employers to voluntarily audit their payroll practices and disclose any “non-compliant practices” to the DOL. The DOL then reviews the employer’s records and calculations of what is owed to employees, and tells the employer what it thinks the employer should pay. The employer then pays its employees, and employees sign a release of any FLSA claims against the employer. Participating employers are not subject to civil monetary penalties and are not required to pay liquidated damages to employees. (Available details on the program are included in the DOL’s press release and a FAQ page on the DOL’s website.)
Ogletree Deakins • March 15, 2018
Federal contractors and subcontractors must post certain information to inform job seekers and/or employees of applicable policies, regulations, and laws.
FordHarrison LLP • March 12, 2018
Executive Summary. On March 6, 2018, the Wage and Hour Division (W&HD) of the U.S. Department of Labor (DOL) rolled out a new nationwide pilot initiative, called the Payroll Audit Independent Determination program—or “PAID.” This initiative is designed to streamline the resolution process of potential overtime and minimum wage violations of the Fair Labor Standards Act (FLSA). Such potential violations as “off-the-clock” work violations, failures to pay overtime wages, or employee misclassification would expressly fall within the ambit of PAID. According to the W&HD, PAID’s objectives are expeditious resolution of FLSA claims without litigation, improved employer compliance with its overtime and minimum wage obligations under the law, and a fast delivery of owed back wages to workers.
Littler Mendelson, P.C. • March 08, 2018
On March 6, 2018, the U.S Department of Labor's Wage and Hour Division announced its new Payroll Audit Independent Determination (PAID) program. Initially being rolled out as a six-month pilot program, PAID provides employers with a unique opportunity—and indeed, motivation—to proactively address potential wage and hour underpayments under the Fair Labor Standards Act (FLSA) while simultaneously helping to protect themselves against litigation threats from the DOL and individual employees. While the details of the PAID program are yet to be announced, the DOL has announced the basic outline.
Jackson Lewis P.C. • March 08, 2018
Mistakes happen. But when those mistakes result in a violation of the Fair Labor Standards Act, what is an employer to do? Pay twice the amount of wages owed to cover both back wages and an amount equal to liquidated damages? Hope no one notices? Well, thanks to the Wage and Hour Division (WHD) of the DOL, another option is now available to provide “make whole” relief to the employees and a binding release of FLSA claims for the employer, without the agency penalties and without the liquidated damages that may provide nothing more than a windfall to employees who have received all wages due.
Ogletree Deakins • February 15, 2018
In addition to posting the Equal Employment Opportunity is the Law poster, federal contractors and subcontractors that enter into new or modified federal contracts on or after January 11, 2016, must also post the EEO is the Law Poster Supplement. The poster and supplement are available in Arabic, Chinese, English, and Spanish.
Jackson Lewis P.C. • February 13, 2018
The highly anticipated proposed budget released today by the White House included expected budget cuts for the U.S. Department of Labor. While cutting funds for the DOL, the proposed budget did not resurrect the previously raised possible merger of OFCCP and EEOC.
XpertHR • January 04, 2018
The US Department of Labor (DOL) has issued a new rule increasing the penalties for violations of many of the employment regulations it is charged with enforcing, including those involving the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA) and the Occupational Safety and Health Act (OSHA). The increases apply to any penalties assessed after January 2, 2018, for violations that occurred after November 2, 2015.
Jackson Lewis P.C. • January 03, 2018
Kate O’Scannlain was confirmed as the Solicitor of Labor for the U.S. Department of Labor by the Senate on December 21, 2017. O’Scannlain will serve as the Agency’s top lawyer, helping the Labor Department set the policy and enforcement agenda. Prior to her confirmation, O’Scannlain was a partner at Kirkland & Ellis, LLP.
XpertHR • September 05, 2017
The White House intends to nominate Cheryl Stanton to be Administrator of the US Department of Labor's Wage and Hour Division (WHD).
Jackson Lewis P.C. • July 10, 2017
The DOL’s much anticipated (or maligned depending on the audience) Fiduciary Rule expands the definition of what constitutes investment advice under ERISA and thereby increases the number and types of retirement plan service providers that are considered ERISA fiduciaries (see our prior coverage of the Fiduciary Rule here, here and here). It also imposes stringent compliance and disclosure requirements in order for those service providers to avoid breaching their ERISA fiduciary duties.
The Department of Labor (DOL) has announced it plans to return to issuing opinion letters in response to employers' questions, a practice it had stopped in 2010 under the Obama administration. The action allows the DOL's Wage and Hour Division, which administers the Fair Labor Standards Act (FLSA) and other statutes, to again use opinion letters to provide guidance to covered employers and employees.
Fisher Phillips • June 30, 2017
TLDR: The U.S. Department of Labor will resume the practice of issuing wage-and-hour opinion letters. This is a big development for employers who are seeking authoritative guidance on their pay practices under the federal Fair Labor Standards Act and other federal wage-hour laws.
FordHarrison LLP • June 29, 2017
Executive Summary: The U.S. Department of Labor (DOL) has announced that it will return to the practice of issuing Opinion Letters in response to inquiries from businesses regarding federal wage and hour issues, a practice abandoned under the prior administration. The DOL has also taken affirmative steps to seek additional public comment on the overtime rules proposed last year, the legality of which is currently being challenged in federal court. Both developments should be welcome news to employers, as they signal that the Department will likely provide more guidance to businesses with respect to compliance under the FLSA and that it may be taking steps towards revising the proposed overtime rules.
Phelps Dunbar LLP • June 28, 2017
The U.S. Department of Labor today announced it will reinstate the issuance of opinion letters by its Wage and Hour Division. The announcement by U.S. Secretary of Labor Alexander Acosta is a welcome development for employers, who had previously relied on these interpretive opinions in deciphering and complying with the oftentimes confusing requirements of the Fair Labor Standards Act (“FLSA”).
Franczek Radelet P.C • June 28, 2017
The U.S. Department of Labor’s Wage & Hour Division announced today that it is bringing back the WHD Opinion Letter.
Jackson Lewis P.C. • June 28, 2017
The U.S. Department of Labor announced today that it will reinstate the Department’s long-standing practice of issuing opinion letters to employers and employees regarding application of the Fair Labor Standards Act.
Franczek Radelet P.C • June 22, 2017
The Department of Labor’s (DOL) Employee Benefits Security Administration has issued final regulations that change the claims and appeals procedures for disability benefits provided by ERISA plans. The final rules are substantially the same as the proposed rules the DOL had issued in November 2015 (which we covered in a prior alert). The requirements set forth in the final rules essentially mirror the requirements for non-grandfathered welfare plans under the Affordable Care Act (ACA). However, unlike the ACA’s enhanced claims procedures, these final rules amend ERISA’s claims regulations for all plans, and therefore apply to both grandfathered and non-grandfathered welfare plans, as well as retirement plans that offer disability benefits. According to the DOL, the rules are aimed at improving “basic procedural protections” for participants, and to foster transparency and accountability. Below is a summary of the major provisions of the final regulations.
Nexsen Pruet • June 14, 2017
The Trump campaign promised regulatory reform, and most experts expected the new administration would target some of the Department of Labor regulations, enforcement actions, and guidances under the Obama administration that impacted the employer and employee relationship. As predicted, under the leadership of new Labor Secretary Alexander Acosta, the DOL is reviewing and revising the current regulatory regime.
Ogletree Deakins • June 11, 2017
For most employers, sponsoring a foreign national employee for an employment-based green card requires filing a Program Electronic Review Management (PERM) labor certification with the U.S. Department of Labor (DOL). In simple terms, an employer’s successful PERM labor certification demonstrates to the DOL that (1) the employer intends to pay the appropriate prevailing wage for the position in the geographical area, and (2) hiring a foreign national worker to fill the position will not adversely impact the U.S. labor market by displacing U.S. workers. Despite the seemingly intuitive nature of these two goals, the PERM labor certification process is anything but intuitive. In reality, the PERM process involves a set of technical, expensive, and highly time-consuming steps in combination with strict deadlines and complex strategies that extend over a period of typically six to eight months and, once approved, must remain effective well into the future.
Fisher Phillips • June 07, 2017
Administrator Interpretation No. 2016-1, entitled "Joint Employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker Protection Act", about which we wrote last year, and
Jackson Lewis P.C. • March 28, 2017
In some of his first public comments since taking office, Department of Labor Acting Solicitor Nicholas Geale has signaled a shift in policies, telling attendees at a Georgetown University Law Center event that his department will “listen to the regulated community a little more” from a position of a “little bit more humility.”
Jackson Lewis P.C. • March 28, 2017
The Senate Committee on Health, Education, Labor and Pensions (HELP) will vote on whether to confirm R. Alexander Acosta as Labor Secretary on March 30, 2017.
Fisher Phillips • March 27, 2017
U.S. Labor Secretary candidate Alexander Acosta's March 22 appearance before the Senate's Health, Education, Labor & Pensions Committee produced some interesting interchanges having to do with matters relating to the federal Fair Labor Standards Act and other federal wage-hour provisions.
Jackson Lewis P.C. • March 23, 2017
The Senate Health, Labor and Pensions (HELP) Committee on March 22, 2017, held confirmation hearings on the nomination of R. Alexander Acosta, President Donald Trump’s pick for Secretary of Labor.
Ogletree Deakins • March 23, 2017
On March 22, 2017, the Senate Health, Education, Labor and Pensions (HELP) Committee conducted Secretary of Labor nominee Alex Acosta’s confirmation hearing. Acosta was nominated on February 16 after President Trump’s first choice for Secretary of Labor—former restaurant CEO Andy Puzder—withdrew his nomination. If confirmed, Acosta will be the first Hispanic cabinet-level member of the new administration.
Jackson Lewis P.C. • March 17, 2017
In response to a February 3, 2017 memorandum by the President to the Secretary of Labor, on March 2, 2017, the DOL proposed to extend for 60 days the applicability date for final rules on the Best Interest Contract Exemption (the “BIC Exemption”), the Principal Transactions Exemption, certain other prohibited transaction exemptions, and the definition of who is a “fiduciary” under ERISA and the Internal Revenue Code.
Fisher Phillips • March 14, 2017
We wrote last December about our ongoing efforts to secure a copy of an undisclosed "policy" that various U.S. Department of Labor officials have referred to in insisting that an employer pay at least some amount in liquidated damages as a condition of resolving alleged federal Fair Labor Standards Act violations at the investigative level.
Jackson Lewis P.C. • March 09, 2017
The confirmation hearing for President Trump’s second Secretary of Labor nominee, Alex Acosta, has been set for March 15.
Littler Mendelson, P.C. • March 01, 2017
In response to recent presidential directives, the U.S. Department of Labor is taking steps to delay the applicability and effective dates of two rules. First, the DOL's Employee Benefits Security Administration (EBSA) has proposed to extend by 60 days the applicability date of the rule defining who is a “fiduciary” under the Employee Retirement Income Security Act (ERISA). EBSA is also soliciting comments on the issues raised in President Trump's February 3, 2017 memorandum on the fiduciary duty rule, which called for the agency to update its economic and legal analysis regarding the rule's impact. Second, the DOL's Occupational Safety and Health Administration (OSHA) is proposing to push back the effective date of its rule regulating occupational exposure to beryllium.
Ogletree Deakins • February 16, 2017
Within less than 24 hours following the withdrawal of Andrew Puzder, President Trump’s first choice to fill the position of Secretary of Labor, the president announced at a press conference on Thursday, February 16 that his new choice for U.S. Secretary of Labor is Alexander Acosta of Miami, Florida.
Franczek Radelet P.C • February 16, 2017
Yesterday, President Trump’s then nominee for Secretary of Labor, Andy Puzder, withdrew his nomination ahead of his confirmation hearing given the increasing opposition to his nomination by both parties. Less than 24 hours later, President Trump announced Alexander Acosta as his new choice for Secretary of Labor. Mr. Acosta is currently the dean of Florida International University College of Law but has experience in both the public and private sector. Some of Mr. Acosta’s prior positions include being appointed by President George W. Bush to serve as a member of the National Labor Relations Board, his appointment to the role of Assistant Attorney General for the Civil Rights Division of the Department of Justice, and a high profile role as U.S. Attorney for the Southern District of Florida. If confirmed, Mr. Acosta will be the first Hispanic member of President Trump’s cabinet.
Jackson Lewis P.C. • February 10, 2017
The confirmation hearing for Secretary of Labor-nominee Andrew Puzder before the Senate Health, Education, Labor and Pensions (HELP) committee will take place on February 16, according to Politico.
Jackson Lewis P.C. • February 06, 2017
Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F. Griffin has concluded. Accordingly, he explained, the players have all of the rights and protections available to employees under the Act.
Fisher Phillips • February 03, 2017
The on-demand economy has certainly changed the way people provide and receive services. It may also be changing the way the government focuses its enforcement priorities.
XpertHR • January 29, 2017
The US Department of Labor (DOL) has issued a final rule that increases penalties assessed or enforced in its regulations. The increases apply to any penalties assessed after January 13, 2017, which is the effective date of the rule, for violations that occurred after November 2, 2015.
Jackson Lewis P.C. • January 26, 2017
The confirmation hearing for Secretary of Labor nominee Andrew Puzder before the Senate Health, Education, Labor, and Pensions (HELP) Committee has been rescheduled from February 2 to February 7. No reason has been announced.
Jackson Lewis P.C. • January 23, 2017
According to an announcement on the Department of Labor’s website, Edward Hugler is Acting Secretary of Labor.
Ogletree Deakins • January 18, 2017
A rare and interesting thing in the world of federal garnishment law has just occurred: the U.S. Department of Labor’s Wage and Hour Division (WHD) updated its published position concerning the meaning of “earnings” pursuant to the Consumer Credit Protection Act (CCPA). This is important because the Department of Labor has issued very little regulation interpreting the CCPA and none define what the CCPA means by “earnings.” And, while there are several opinion letters from the years directly after the CCPA was adopted, only one such letter has been issued since 1972. Keep in mind that the federal decision concerning what is or is not CCPA-earnings (such as disability payments, tips and lump sum bonus payments, which are addressed herein) is critical because if the funds are not CCPA-protected earnings then states decide whether to garnish those funds and how much, if any, of those funds to protect from garnishment.
Jackson Lewis P.C. • January 18, 2017
Andrew Puzder, President-elect Trump’s choice to head the Department of Labor, may ask that his nomination be withdrawn, according to reports in New York magazine and Politico, quoting a Republican source close to the Trump transition team. Puzder has disputed the story, tweeting on Monday “I am looking forward to my hearing,” which will take place on February 2. Puzder’s nomination has been roundly criticized by Democrats and labor unions.
Franczek Radelet P.C • January 10, 2017
Last week, outgoing Secretary of Labor Thomas Perez released a farewell “Memorandum to the American People.” It mostly reads as a recap of the DOL’s news releases over the past several years, touting various DOL initiatives and advocating for further changes, like increasing the minimum wage and mandating paid family leave. The memo must strike a bittersweet note for proponents of the current DOL’s direction. One can pretty safely infer that most of the progressive proposals discussed in the memo – other than perhaps some form of paid maternity leave – are going precisely nowhere under the incoming Trump administration. To the contrary, most observers expect the DOL to roll back many Obama-era changes under the leadership of Trump’s pick for labor secretary, fast-food executive Andy Puzder. If, that is, Congressional Republicans don’t beat them to the punch.
Jackson Lewis P.C. • January 05, 2017
The confirmation hearing for Andrew Puzder, President-elect Trump’s nominee for Secretary of Labor, has been postponed from January 12 to the week of January 16, according to a report in Politico. The hearing will take place before the Senate Health, Education, Labor and Pensions (HELP) Committee. The Committee is chaired by Senator Lamar Alexander (R-Tenn.).
XpertHR • January 05, 2017
The US Department of Labor (DOL) has issued a final rule that updates equal employment opportunity (EEO) requirements with respect to apprenticeships. The EEO regulations implementing the National Apprenticeship Act of 1937 were last updated in 1978.
Jackson Lewis P.C. • December 30, 2016
According to a report in Politico, an aide to Sen. Lamar Alexander (R. Tenn.), Chairman of the Senate Health, Education, Labor and Pension (HELP) Committee, has revealed that the confirmation hearing for Andrew Puzder, President-Elect Donald Trump’s nominee for Secretary of the Department of Labor, will be held on January 12. Puzder is Chief Executive Officer of CKE Holdings, the parent company of Carl’s Jr. and Hardee’s.
Jackson Lewis P.C. • December 23, 2016
United States Senator Lamar Alexander (R-Tenn.) has announced that the Senate Health, Education, Labor & Pensions (HELP) committee, which he chairs, will hold a hearing on Secretary of Labor nominee Andrew Puzder’s nomination in January when the 115th Congress convenes.
Fisher Phillips • December 21, 2016
The U.S. Department of Labor (USDOL) has finalized a rule expanding nondiscrimination and affirmative action requirements in apprenticeship programs registered with the USDOL or state apprenticeship agencies. Program sponsors face staggered implementation of the rule’s provisions beginning in just a few short weeks – on January 18, 2017 – so the time to come into compliance is now.
Jackson Lewis P.C. • December 13, 2016
President-elect Donald Trump has announced his intention to nominate Andrew Puzder, Chief Executive Officer of CKE Holdings, the parent company of Carl’s Jr. and Hardee’s, to head the U.S. Department of Labor.
Jackson Lewis P.C. • December 12, 2016
President-elect Trump has announced many Cabinet appointments and last week announced Andy Puzder, head of fast food brands Hardee’s and Carl’s Jr., for Secretary of Labor. Several names were circulated in recent weeks as possible successors to outgoing Secretary Thomas Perez, including Vicki Lipnic, a current EEOC Commissioner. However, in recent days it became clearer that Puzder was the top choice.
Littler Mendelson, P.C. • December 09, 2016
President-elect Donald Trump has formally named Andy Puzder as his choice to be the next Secretary of Labor. Currently the CEO of CKE Restaurants, the parent company to several fast-food chains, Puzder is a long-time advocate for job creation.
Ogletree Deakins • December 09, 2016
Today, President-elect Donald Trump announced Andrew Franklin (Andy) Puzder, 66, chief executive officer of CKE Restaurants, as his choice for Secretary of the U.S. Department of Labor.
Fisher Phillips • December 09, 2016
President-elect Donald Trump has announced that he would nominate Andrew Puzder to be the next Secretary of Labor. This Cabinet-level position heads the U.S. Department of Labor (USDOL), one of the federal agencies that has the widest and deepest impact on employers across the country. Assuming that Puzder’s selection is confirmed by the Senate, what should employers know about him in order to predict what life will be like under his tenure as part of the Trump administration?
XpertHR • December 09, 2016
President-elect Donald Trump has announced his intention to nominate Andrew Puzder as Secretary of Labor, according to multiple news sources.
XpertHR • November 20, 2016
When Donald Trump becomes president on January 20, most experts predict that the US Department of Labor’s Wage and Hour Division (WHD) will take a more employer-friendly approach toward enforcement.
Ogletree Deakins • August 26, 2016
Generally, the Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with up to 12 workweeks of unpaid leave for certain family and medical reasons, with continuation of group health insurance coverage for an employee under the same terms and conditions as if the employee had not taken leave. The law also provides certain family military leave entitlements. Employers generally are required to preserve the jobs of employees on FMLA leave and to restore those employees to their positions upon expiration of the FMLA leave.
Fisher Phillips • August 22, 2016
Regular readers may have noticed that this blog took a bit of a hiatus over the summer while the authors spent some time away from work, and then working to catch up from the time away. Now that summer is winding down, the kids are heading back to school and life is starting to return to a more normal routine, it’s time to catch up on some wage and hour developments over the last month or so.
Fisher Phillips • August 16, 2016
Employers returning from their summer vacations might have a rude awakening when they realize that new workplace posters are now required as of August 1, 2016. While you and your workers might have been busy hitting the beach or your favorite vacation spot, the U.S. Department of Labor (USDOL) was busy updating two mandatory posters and announcing that the revised versions need to be posted at once.
Fisher Phillips • August 11, 2016
Employers of workers who are subject to the federal Fair Labor Standards Act's minimum-wage provisions are required to display a poster prescribed by the U.S. Labor Department's Wage and Hour Division. 29 C.F.R. § 516.4.
Jackson Lewis P.C. • August 10, 2016
The U.S. Department of Labor has issued a new FLSA poster, available for download here. Covered employers should replace old posters with the Department’s new versions. Employers should periodically review their compliance with FLSA and state law posting and notice requirements, particularly as related to tipped workers.
Carothers DiSante & Freudenberger LLP • August 08, 2016
Employers must immediately update their federal labor law posters. The United States Department of Labor, with little notice, issued new posters related to the Fair Labor Standards Act and the Employee Polygraph Protection Act.
Fisher Phillips • July 07, 2016
While most employers were preparing for the long holiday weekend, the U.S. Department of Labor (USDOL) announced a series of civil penalty increases that will impact the nation’s employers in the very near future. On June 30, the USDOL announced that the vast majority of penalties associated with wage and hour, safety, and benefits compliance matters will soon increase, as will certain penalties associated with immigration matters.
Phelps Dunbar LLP • June 13, 2016
Effective July 5, 2016, a new Equal Employment Opportunity Commission’s (“EEOC”) rule more than doubles the maximum fine against employers for not complying with the posting requirements under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.
Brody and Associates, LLC • April 29, 2016
In today’s economy, many companies are staffing through lease or temp agencies, third party management companies, independent contractors, and by sharing employees between companies. Many of these arrangements result in third-parties employing the workers and not the company on whose behalf the work is being performed (the putative joint employer). These arrangements generally allow the putative joint employer to minimize or even avoid functions such as recruiting, screening, hiring, paying workers, and complying with labor and employment laws. Over the last few years, government agencies have reacted to this trend by increasingly finding that both companies are employers and as such, both are jointly and severally liable for any issue involving the employees. The National Labor Relations Board and OSHA are already on board, and now the federal Department of Labor (“DOL”), is joining the movement.
Littler Mendelson, P.C. • January 28, 2016
The changing nature of employment, including the move to more online-based commerce, has increased the number of on-demand or "gig" workers. Estimates vary as to the number of workers in the so-called gig economy, but most place this number in the millions. Not surprisingly, the U.S. Department of Labor now seeks an official government record of these on-demand workers. This week, Labor Secretary Thomas Perez announced that the Bureau of Labor Statistics, in conjunction with the Census Bureau, will revive the Contingent Worker Supplement to the Current Population Survey in an attempt to capture a more accurate picture of the workforce.
Fisher Phillips • January 08, 2016
Apprenticeship programs will soon face expanded antidiscrimination obligations and additional affirmative action requirements under a proposed rule recently published by the U.S. Department of Labor (USDOL). If you sponsor such a program, the time is now to prepare for the inevitable changes to come your way in 2016.
XpertHR • January 07, 2016
The US Department of Labor (DOL) is continuing to focus its enforcement efforts on low-wage industries, as new statistics show.
Littler Mendelson, P.C. • December 21, 2015
With the DOL's persuader rule nearing final publication, 90 trade associations representing millions of employers sent a letter to the U.S. Office of Management and Budget (OMB) on Friday asking that the rulemaking be returned to the DOL and consolidated with a separate proposal.
Franczek Radelet P.C • December 14, 2015
Last week, the Department of Labor (“DOL”) forwarded long-delayed revisions to its “persuader rules” to the Office of Management and Budget – a key final step before the new rule takes effect. The DOL hopes to have the revisions finalized by March 2016. Employers, management-side consultants, and attorneys should prepare for significant changes when facing a union organizing campaign.
Littler Mendelson, P.C. • December 09, 2015
After years in regulatory limbo, the Department of Labor’s final revisions to the so-called “persuader” rule have moved one step closer to publication. On December 7, the DOL’s Office of Labor-Management Standards (OLMS) submitted the final rule to the Office of Management and Budget (OMB), which is the final step before the rule can be published in the Federal Register. Although the DOL’s regulatory agenda had estimated this rule would be published in March 2016, given the OMB’s traditional review timetable, the measure could be released even earlier in 2016. If the final rule resembles the proposal issued in 2011, it will have a significant impact on employers.
Ogletree Deakins • December 01, 2015
Approximately three months after the comment period closed on the proposal from the Obama administration and U.S. Department of Labor (DOL) to revise the Part 541 overtime regulations, the DOL issued its Fall 2015 Semiannual Regulatory Agenda that includes a statement on the timing for a final overtime rule. According to the regulatory agenda, the DOL expects to publish the final rule in July of 2016.
Ogletree Deakins • December 01, 2015
The U.S. Department of Labor’s (DOL) just-released Fall 2015 Semiannual Regulatory Agenda and Plan Statement contains several surprises for federal labor and employment rulemaking. Although the timetables are often aspirational and not met, the announced agency goals for regulatory actions nevertheless provide a clear indication of the priorities of the DOL and of other federal agencies.
Ogletree Deakins • September 24, 2015
In an interesting turn of events and what I’m sure will be gratifying for some employers, the Department of Labor has agreed to pay Gate Guard Services $1.5 million to settle claims involving the DOL’s overly aggressive and bad faith tactics in investigating whether Gate Guard’s gate attendants were improperly classified as independent contractors under the Fair Labor Standards Act.
Fisher Phillips • August 03, 2015
Comments on the U.S. Labor Department's proposed changes in regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions are, for the moment, still due on Friday, September 4, 2015.
Littler Mendelson, P.C. • June 26, 2015
Both the House and Senate Appropriations Committees advanced bills this week to fund various federal agencies for FY 2016. Each chamber approved versions of spending measures that include riders prohibiting funding for a variety of the administration's regulatory initiatives.
Franczek Radelet P.C • June 02, 2015
The Obama Administration used the occasion of Memorial Day weekend to release its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, lists a number of items including two specifically related to the Fair Labor Standards Act (FLSA). One of them is the “white collar” overtime exemption rules that we have been telling you about recently. As we noted, these rules are expected in proposed form sometime in June. The other item is new to the Agenda: employee use of smartphones and other electronic devices after regular work hours.
Franczek Radelet P.C • April 29, 2015
We’ve reached almost the end of April, and the long delayed, new FLSA regulations are still percolating somewhere in deep inside the DOL. So what has the agency been up to instead? Last month, as part of the annual “Sunshine Week” spotlighting the importance of open government, freedom of information, and the public’s right to know, the DOL took a rather odd view of government transparency: spotlighting enforcement against businesses.
Fisher Phillips • April 07, 2015
From the federal Fair Labor Standards Act‘s inception in 1938, employers sought, and officials of the U.S. Department of Labor’s Wage and Hour Division provided, official written explanations of how that law works in particular situations.
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.
Fisher Phillips • October 30, 2014
During a recent gathering of business executives, a representative from the U.S. Department of Labor’s Wage and Hour Division warned Texas employers that some of the state’s most active industries may be under increased scrutiny in 2015. The representative went on to say that during the DOL’s 2015 fiscal year, which began Oct. 1, the oil and gas services industry, such as those providing fracking services, as well as the construction and hospitality sectors will receive considerable attention.
Ogletree Deakins • October 10, 2014
On October 2, 2014, the Alabama Department of Labor and the U.S. Department of Labor (DOL) entered into a formal Memorandum of Understanding (MOU) or agreement to share information regarding independent contractor misclassification. In signing this MOU, Alabama joined several other states that have already entered into similar MOUs with the DOL, including California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, Montana, New York, Utah, and Washington.
Ogletree Deakins • October 03, 2014
After a long hiatus, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) released its updated enforcement statistics for fiscal years (FY) 2009 through 2013. The federal government’s fiscal year runs from October 1 through September 30, and the statistics are updated through the 2013 fiscal year that ended on September 30, 2013. In the WHD’s “welcome” message to its statistics web page, Fiscal Year Statistics for WHD, the agency noted that it was providing this enforcement information in the interest of accountability transparency and responsiveness. The agency failed to acknowledge that the previous administration had released enforcement data for FY 2001 through FY 2008, but the current administration had ceased to do so until the WHD released this data.
Ogletree Deakins • July 01, 2014
When the White House goes from a Democratic president to a Republican president, or vice versa, there are often changes in various federal agencies’ directives to reflect the priorities of the current administration. These changes are often implemented by a federal agency using its power to interpret its own regulations. Regulations become more stringent in some areas and relaxed in others.
Ogletree Deakins • June 04, 2014
On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas provide an outlook on regulatory activity. They show the status of proposed rules and highlight which proposed and final rules are imminent. These regulatory plans also offer additional details about the most significant actions the agencies intend to take in the coming year and identify agency priorities.
Franczek Radelet P.C • April 29, 2014
The Senate voted narrowly on Monday to confirm David Weil as administrator of the Department of Labor’s Wage and Hour Division (WHD). The narrow 51-42 majority followed a similarly narrow 12-10 party-line committee vote in December. The WHD is the DOL division that, among other duties, implements and enforces the Fair Labor Standards Act (FLSA) regulations and oversees various worker misclassification initiatives we have reported on previously. The Senate had not confirmed a WHD administrator since 2001, and since 2004 the position has been filled by acting leaders and a recess appointee. President Obama controversially nominated Dr. Weil, a respected Boston University professor, Harvard researcher, and DOL advisor, to fill the position in September 2013. Weil was the administration’s third nominee for the position.
Franczek Radelet P.C • April 23, 2014
Although unlikely to be passed in its current form, President Obama’s Fiscal Year 2015 budget request to Congress allocates an additional $2 million of the Department of Labor’s requested $1.8 billion budget so that the Department’s Office of Administrative Law Judges (OALJ) can hire additional personnel primarily to deal with a massive backlog of cases.
Franczek Radelet P.C • March 10, 2014
As we have been reporting, the U.S. Department of Labor (DOL) has been considering new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has been in force since 1962. Dubbed the “persuader rules,” the regulations address Section 203 of the LMRDA, which, among other things, requires employers to file reports with the DOL when they hire consultants or contractors (including attorneys) to persuade employees on the issue of unions. First proposed back in June 2011, the Obama administration originally slipped a November 2013 release date for the final rule onto its Unified Agenda of upcoming regulatory and deregulatory actions.
Franczek Radelet P.C • September 30, 2013
Over the past several months, a number of employers have asked me when the Department of Labor would be issuing the Spanish version of its new DOL poster (which accounts for the new regulations issued earlier this year). The time has come - the poster is here.
Franczek Radelet P.C • July 22, 2013
The last three days have brought a flurry of important developments for employers. On Wednesday, the Fourth Circuit joined the D.C. Circuit (Noel Canning) and Third Circuit (New Vista Nursing) in overturning President Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National Labor Relations Board. In NLRB v. Enterprise Leasing Company Southeast, the Fourth Circuit largely agreed with its sister courts, concluding that “the term ‘the Recess,’ as used in the Recess Appointments Clause, refers to the legislative break that the Senate takes between its ‘Session[s].’ In other words, the term ‘the Recess’ means the intersession period of time between an adjournment sine die and the start of the Senate’s next session.” The D.C. Circuit’s Noel Canning decision is currently pending before the Supreme Court.
Franczek Radelet P.C • April 30, 2013
In June 2011, the U.S. Department of Labor (DOL) proposed new regulations that would significantly narrow the DOL’s interpretation of the Labor-Management Reporting and Disclosure Act (LMRDA) that has been in force since 1962. Dubbed the "persuader rules," the regulations address Section 203 of the LMRDA, which, among other things, requires employers to file reports with the DOL when they hire consultants or contractors (including attorneys) to persuade employees on the issue of unions. As we reported back in January, the latest report from the DOL to the federal Office of Information and Regulatory Affairs stated that the DOL would take final action on the new rules in April. As May approaches, however, the DOL has not updated its target date, moved the publication process forward, or made any public statement about the new rules’ status.
Ogletree Deakins • January 24, 2013
After arriving at the Department of Labor, Hilda Solis famously proclaimed that there was a new sheriff in town. Hilda Solis, new sheriff at the U.S. Labor Department.
Fisher Phillips • September 21, 2012
The scope of potential punishments in federal Fair Labor Standards Act lawsuits brought by the U.S. Labor Department apparently is being limited only by the imaginations of its lawyers. A recent consent judgment against an operator of residential-care facilities for developmentally disabled adults suggests that employers should not be surprised by unorthodox USDOL settlement demands.
Fisher Phillips • August 08, 2012
A recent announcement from the U.S. Labor Department's Wage and Hour Division highlights the risks that healthcare employers face when they do not properly compensate employees for overtime hours and do not maintain accurate records. In May, DOL announced that Extended Health Care, Inc. of Downey, California had agreed to pay more than $654,000 in back wages to 108 current and former registered nurses and licensed vocational nurses. The settlement culminated a multi-year DOL investigation that began in 2009. The company, which provides skilled nursing care to patients in their homes, also committed to comply with the Fair Labor Standards Act (FLSA) in the future.
Brody and Associates, LLC • April 24, 2012
With all the hubbub about the NLRB's poster requirement, now is a great time for employers to make sure they are aware of all the other posting requirements.
Ogletree Deakins • October 07, 2011
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 â€œreasonable stepsâ€ to ensure that the notices are not altered, defaced, or covered by any other material, or otherwise rendered unreadable.
Fisher Phillips • September 15, 2011
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.
Franczek Radelet P.C • June 16, 2011
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?
Fisher Phillips • December 20, 2010
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.
Ogletree Deakins • December 07, 2010
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.
Ogletree Deakins • November 17, 2010
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).
Nexsen Pruet • September 20, 2010
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.
Fisher Phillips • June 04, 2010
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.
Fisher Phillips • May 25, 2010
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.
Fisher Phillips • March 03, 2009
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.
Fisher Phillips • December 02, 2008
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.
Fisher Phillips • July 02, 2008
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.
Ogletree Deakins • June 09, 2008
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 government’s investigation.