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DOL’s WHD Regulatory Reforms in the Home Stretch

If you are a sports fan, then you might consider the regulatory agenda of the U.S. Department of Labor (DOL) in general, and the Wage and Hour Division (WHD) in particular, as winding down to the end of the third quarter of a football game or moving into the latter innings of a baseball game. In both sports, time and opportunity become critical for the team that wants to win but is not ahead. Regardless of your preferred game, as the November 3, 2020, elections draw closer (less than 440 days away), the WHD has been very busy in the regulatory realm under Wage and Hour Administrator Cheryl Stanton and Acting Secretary of Labor Patrick Pizzella.

What’s New with the EEOC?

In this podcast, Littler’s Michael Lotito and Jim Paretti discuss the EEOC, how the lack of a quorum affected the agency, and what we might expect now that the agency’s quorum has been restored.

Federal Motor Carrier Safety Agency Proposes Changes to Hours of Service Rules for Truck Drivers

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has published a notice of proposed rulemaking (NPRM) on changes to the hours of service (HOS) rules.

Checking Off USDOL's Regulatory Agenda

While stakeholders await final regulations on the white-collar exemptions (aka Overtime Rule 2.0), regular rate, and joint employment, WHD has started sending the White House more proposals – first tackling tips and the tip credit and followed closely by fluctuating workweek. Based on our experience with prior changes and the time and resources that employers must invest beforehand, employers need to begin the process ASAP.

President Trump Announces Nomination to Second Circuit Court of Appeals

Executive Summary: On August 14, 2019, President Trump nominated Steven J. Menashi, a conservative, to the United States Court of Appeals for the Second Circuit to fill the vacancy left by Justice Dennis Jacobs upon taking senior status on May 31, 2019. Menashi currently serves as the President’s Special Assistant and Senior Associate Counsel. His nomination is pending confirmation by the Senate.

Beltway Buzz, August 16, 2019

Final Overtime Rule Advances. The U.S. Department of Labor’s Wage and Hour Division’s proposal to increase the salary threshold regarding overtime pay to slightly more than $35,000 per year took another step forward in the regulatory process this week. On August 12, 2019, the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) received a draft of the final rule for review. As the Buzz has discussed on multiple occasions, OIRA is a regulatory gatekeeper of sorts and is the first and last stop in the rulemaking process for most regulations.

What’s New and on the Horizon at the U.S. Department of Labor?

In this podcast, Littler’s Michael Lotito and Jim Paretti discuss new and expected developments at the U.S. Department of Labor. Topics include the nomination of Eugene “Gene” Scalia to be Secretary of Labor, current leadership in the Department and its regulatory agenda, and discussion of several significant rulemakings, including proposed DOL regulations regarding “joint employment” under the Fair Labor Standards Act; how to calculate the FLSA “regular rate” for purposes of overtime compensation; and pending changes to overtime regulations, all of which are expected to be published in final form before the end of the year.

Beltway Buzz, August 9, 2019

NLRB Proposes Election Changes. On August 9, 2019, the National Labor Relations Board issued a notice of proposed rulemaking (NPRM) that proposes three specific amendments to its election procedures.

EEOC Commissioner Victoria Lipnic Kicks Off Day 2 of the 2019 ILG National Conference

Day 2 of the 2019 ILG National Conference in Milwaukee started with a favorite guest – EEOC Commissioner Victoria Lipnic. Commissioner Lipnic last addressed the ILG National Conference in 2016, during which time, as she reminded attendees, she was likewise talking about pay data reporting, she had just created the Chief Data Officer role at EEOC and it was several months before the breakout of the #metoo movement.

Eugene Scalia May Become Next Leader of Labor Department

When Alexander Acosta resigned as Secretary of Labor, his deputy, Patrick Pizzella, took over as Acting Secretary. Rather than keeping Pizzella in place, President Donald Trump announced on July 18, 2019, that he intends to nominate Eugene Scalia, the son of late-Justice Antonin Scalia, as the new Secretary.