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Total Articles: 7

OFCCP Reminds Contractors to Display EEO Posters

On July 14, 2017, the Office of Federal Contract Compliance Programs (OFCCP) reminded all contractors and employers covered by the agency’s nondiscrimination and EEO laws of their posting obligations. According to the OFCCP’s email and website, contractors must prominently post the “Equal Employment Opportunity is the Law” poster on their premises. The notice must be displayed in a location “where it can be readily seen by employees and applicants for employment.” The poster provides information on the nondiscrimination and EEO laws and also covers the procedures for filing complaints of violations with the OFCCP.

DOL: Opinion Letters Are Back!

On June 27, 2017, the U.S. Department of Labor (“DOL”) announced that it has reinstated the issuance of Opinion Letters by its Wage & Hour Division and unveiled a new website to guide employers and employees in requesting an Opinion Letter. The agency also redesigned the website housing its Opinion Letters and other sub-regulatory guidance.

DOL to Reinstate Issuance of Wage-Hour Opinion Letters

On June 27, 2017, the U.S. Department of Labor (DOL) announced that it will reinstate the issuance of Wage and Hour Division (WHD) opinion letters as one of its methods for providing guidance to employers and employees on federal wage and hour laws.

DOL Fiduciary Rule – A Proposed Delay and Uncertain Future

We’ve previously written about the Department of Labor’s new fiduciary rule, which expands the definition of who is considered a fiduciary under the Employee Retirement Income Security Act, as amended (“ERISA”) and the Internal Revenue Code of 1986, and which addresses related prohibited transaction exemptions. The rule was finalized in April 2016 and is currently set to become applicable on April 10, 2017. The rule’s implementation, however, has been a specific focus of President Donald J. Trump and his administration. As discussed here, on February 3, 2017, President Trump issued a Presidential Memorandum ordering the DOL to examine the rule, requiring in particular an updated economic and legal analysis of the impact of the rule (though the Memorandum did not specifically call for a delay to the rule’s applicability date, as many had expected).

Alexander Acosta Nominated to Lead U.S. Department of Labor

Acosta is expected to have a smoother path to confirmation because he has previously been confirmed by the Senate to three positions—National Labor Relations Board (NLRB or Board) Member, Assistant Attorney General, and U.S. Attorney.

Trump Nominates Alex Acosta for Secretary of Labor

President Trump moved quickly to fill the Secretary of Labor role, nominating Alexander (Alex) Acosta less than 24 hours after his first nominee, CKE Restaurants CEO Andrew Puzder, withdrew when it appeared he did not have the votes to be confirmed by the Senate. Acosta would be the first Latino member of Trump's cabinet if confirmed.

R. Alexander Acosta Picked to Head Department of Labor

President Donald Trump has nominated R. Alexander Acosta to be Secretary of Labor. His nomination comes one day after Andrew Puzder, Trump’s first pick to lead the Department of Labor, withdrew his nomination.
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Fisher Phillips | California | California Supreme Court Embraces Employee-Friendly Formula For Calculating OT Pay (March 05, 2018)

Fisher Phillips | California | FEHC Proposes Regulations to Implement California’s New “Ban the Box” and “New Parent Leave” Laws (March 04, 2018)

Fisher Phillips | California | Your Comprehensive Guide to 2018 Proposed California Legislation (February 28, 2018)

FordHarrison LLP | California | California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems (March 07, 2018)

Jackson Lewis P.C. | California | California Court of Appeals Holds Labor Code § 558 Claims Are Indivisible Claims and Not Arbitrable (February 28, 2018)

Jackson Lewis P.C. | California | Calculating Overtime Value of Flat-Sum Bonus Must Be Based on Actual Non-Overtime Hours Worked, California High Court Holds (March 11, 2018)

Fisher Phillips | California | The Plot Thickens: Trump Administration Sues California Over New Immigration Laws, Including AB 450 (March 09, 2018)

Jackson Lewis P.C. | California | Pending California Legislation Alert! Recently Introduced Bill Seeks to Protect Medicinal Marijuana Users from Employment Discrimination in California (February 27, 2018)

Jackson Lewis P.C. | California | California Transportation Industry Waives Goodbye to Enforcement of Federal Arbitration Act Provisions in Employment Contracts (March 07, 2018)

Littler Mendelson, P.C. | California | California Supreme Court Determines How Flat Sum Bonuses Factor into Overtime Calculation (March 12, 2018)