Category Archives: DOL News

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The New FLSA Regulations: What Changed, What Didn't, What's Next for Employers

Note: This post relates to the Department of Labor’s proposed rules issued in 2015. For a summary of the final rules issued May 18, 2016, please check out this post, and see this post for a link to the recording of our May 23, 2016 webinar. This morning, the Department of Labor’s Wage & Hour Division … Continue Reading

New FLSA Regulations Released, Salary Threshold Doubled

UPDATED: For an updated entry, click here. Since last spring, we have been following developments in the oft-delayed Fair Labor Standards Act (FLSA) regulations rewrite by the Department of Labor (DOL). The Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) has now completed its review, and the Department of Labor finally … Continue Reading

Are You in the DOL's Crosshairs? Statistics Give Warning to Retail, Hospitality Employers

Last week, the Department of Labor posted a new blog post from Wage and Hour Division Administrator Dr. David Weil highlighting the DOL’s wage and hour enforcement efforts. Dr. Weil’s statement that the DOL recovered “over $240 million owed to more than 270,000 workers nationwide in fiscal year 2014 alone” sent me digging in the … Continue Reading

DOL Wage and Hour Division to "Clarify" FLSA Independent Contractor Definition

The DOL’s Wage and Hour Division expanded its already busy agenda, announcing upcoming guidance on the Fair Labor Standards Act’s definition of “independent contractor.” WHD Administrator David Weil, speaking at New York University School of Law’s 68th Annual Conference on Labor, disclosed during his keynote address that his office would soon issue an “Administrator’s Interpretation” … Continue Reading

DOL Sends New FLSA Regulations to OIRA for Final Review Before Draft Publication

Since last spring, we have been following developments in the oft-delayed Fair Labor Standards Act (FLSA) regulations rewrite by the Department of Labor (DOL). Yesterday, we received word that the DOL has completed a draft of the new regulations and sent them to the Office of Management and Budget’s Office of Information and Regulatory Affairs … Continue Reading

Department of Labor Says "Transparent Government" Begins With...Transparent Data about Businesses?

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 … Continue Reading

DOL Secretary Tells Congress New FLSA Regulations Are Delayed, Outlines Department Priorities

Last week, Secretary of Labor Thomas Perez testified during a hearing held by the House Education and Workforce Committee to discuss President Obama’s budget proposal for the Department of Labor. Secretary Perez’s testimony touched a wide range of topics, most notably the oft-delayed FLSA regulations rewrite we have discussed in recent months. The DOL Secretary … Continue Reading

DOL Wage and Hour Division Announces Fiscal Year 2014 Recovery of $240 Million From Employers

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 … Continue Reading

Predictable Scheduling: The Next FLSA Frontier?

As if the DOL’s new Fair Labor Standards Act regulations weren’t enough to fill your plate this year, a recent interview (subscription required) that the DOL’s Wage and Hour Division Administrator David Weil gave to BNA’s Daily Labor Report has added to what portends to be a monumental shift in wage and hour law. In … Continue Reading

Department of Labor, Trucking Industry Big Winners in Congress's CRomnibus Bill

In the run-up to the holidays, Congress rushed a Continuing Resolution (CR) to President Obama’s desk entitled the Consolidated and Further Continuing Appropriations Act, 2015. The omnibus spending bill, nicknamed “CRomnibus,” avoided another government shutdown and funded most federal agencies (save for the Department of Homeland Security) through the federal government’s 2015 fiscal year, which … Continue Reading

Fear and Loathing in D.C.: More Thoughts and Predictions about the New FLSA Regulations

For most of the year, we have been discussing the upcoming FLSA regulations and what employers can expect related to the white collar exemptions. Recently, the DOL delayed the release of proposed rules, potentially for several months. The DOL’s announcement has raised a host of questions, some of which I discussed with SHRM’s legal editor, … Continue Reading

DOL Backs Paid Leave Push in 3 States, D.C. with $500,000 Grant

Recently, we detailed the efforts to push for paid sick leave by state and local governments in light of California’s passage of a statewide paid leave law. Soon after our post, the U.S. Department of Labor’s Women’s Bureau Director Latifa Lyles posted an entry on the DOL’s official “Work in Progress” blog, advocating for broader … Continue Reading

Department of Labor Sends Final $10.10 Minimum Wage Rule to OMB for Approval

Back in February, we told you about President Obama’s Executive Order 13658 increasing the minimum wage for federal contractor employees. Late last week, the Department of Labor’s Wage & Hour Division (WHD) submitted its Final Rule implementing EO 13658 to the White House Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA).  … Continue Reading

Department of Labor Sets FLSA Regulation Deadline for November 2014, Final Regulations Unlikely to Arrive Before Spring 2015

Recently, we told you that President Obama had issued a Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair Labor Standards Act (FLSA), the federal law that establishes minimum wage and overtime pay requirements. The regulations have not been revised at … Continue Reading

Senate Confirms First Department of Labor Wage and Hour Division Administrator in Decade

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) … Continue Reading

President Seeks Additional Funding for DOL to Clear Case Backlog

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. … Continue Reading

Perez Confirmed as Labor Secretary; Obama Names New NLRB Nominees; Another Appellate Court Overturns Recess Appointments

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 … Continue Reading
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