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White House and DOL Begin Revised Fiduciary Rule Marketing Campaign

Littler Mendelson, P.C. • February 27, 2015
On Monday, the White House and the Department of Labor publicized efforts to target conflicts of interest in managing employee retirement funds. In essence, the Administration is promoting the DOL's much–beleaguered proposal to more broadly define who constitutes a “fiduciary” for the purposes of rendering investment advice under the Employee Retirement Income Security Act (ERISA). According to a White House fact sheet, the DOL will issue its proposed fiduciary rule in the coming months. Notably, the agency withdrew its initial fiduciary rule in 2011 after the proposal faced significant opposition from the employer community.

FLSA Exemption Changes: A Possible "Plan B" For Retailers

Fisher & Phillips LLP • February 27, 2015
Expectations are that the U.S. Labor Department's proposed regulations re-defining the federal Fair Labor Standards Act's executive, administrative, professional, outside-sales, and derivative exemptions will be released in the next few weeks, if not within days. As we have said, these provisions will probably include (i) a substantial increase in the minimum salary amount, and (ii) a significant narrowing of the duties-related requirements.

Wage and Hour Basics Series: The FLSA Overtime Exemptions

Franczek Radelet P.C • February 27, 2015
Last month, we debuted our series on wage and hour basics with a review of the white collar exemptions. As the Department of Labor gets ready to issue revised FLSA regulations, we will continue take a look at some of the more fundamental concepts of the FLSA. As always, remember that these are just the basics: the application of these rules to specific facts is where the rubber really meets the road for employers.

The Tip Credit: Won't Be What It Is Now for New York Employers

FordHarrison LLP • February 27, 2015
Executive Summary: On February 24, 2015, the Commissioner of Labor accepted the recommendation of the New York State Department of Labor's (NYSDOL) Wage Board (the "Wage Board") for a 50 percent increase in the minimum hourly rate for tipped workers, from $5.00 to $7.50 an hour. As discussed in our February 4, 2015 Alert, The Diminishing Tip Credit: Another Reason it is becoming Harder to Comply with Wage & Hour Laws in New York, the increase takes effect December 31, 2015.

New York eAuthority (February 2015)

Ogletree Deakins • February 27, 2015
New York Department of Labor Increases Minimum Tipped Wages; Second Circuit Finds Highly Individualized Damages Inquiry Won’t Spoil Rule 23 Class Wage Claims; Second Circuit Critical of DOL Test in Pending Unpaid Intern Cases; New York Appellate Division Permits Worker to Establish Membership in Protected Class Based on Association with Another; New York Court Holds That Alcohol Treatment Is Not Compensable Time.

California Heat Illness Prevention Regulation Amended

Jackson Lewis P.C. • February 27, 2015
The California Occupational Safety and Health Standards Board on February 20, 2015, adopted an amendment to the state Heat Illness Prevention regulation changing the requirements for potable water, shade, cool-down periods, high-heat procedures, emergency preparedness, acclimatization, training, and heat illness prevention plans. Employers should update their heat illness prevention plans and train their employees for compliance with amendment. The many changes to the heat regulation are sure to create a large wave of citations this spring and summer as employers comply with the amendment.
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