Tag Archives: Department of Labor

OSHA Gets a Green Light: Court Refuses to Stop OSHA from Enforcing its New Anti-Retaliation Standards

On Nov. 28, 2016, the United States District Court for the Northern District of Texas declined to grant a nationwide preliminary injunction enjoining the Department of Labor (DOL) and the Occupational Safety and Health Administration (OSHA) from enforcing subparagraphs 1904.35(b)(1)(i), (iii), and (iv) of the final rule issued by OSHA titled “Improve Tracking Workplace Injuries … Continue Reading

Court Stays DOL Overtime Rule, Holds Increased Salary Test Impermissibly ‘Supplants’ Duties Tests

The proposed overtime rules will not go into effect on Dec. 1. In a closely-watched case brought by 21 states (and joined by numerous business organizations) challenging the Department of Labor’s (DOL) rule amendment which would have roughly doubled the minimum salary threshold for many employees to be considered exempt from federal overtime requirements (set … Continue Reading

Department of Labor Issues Final Rule Revising Sex Discrimination Guidelines for Federal Contractors

On June 14, the U.S. Department of Labor (DOL) issued the final rule updating the Office of Federal Contractor Compliance Program’s regulations prohibiting discrimination on the basis of sex. The updated regulations prohibit federal contractors with contracts or subcontracts totaling $10,000 or more within a 12-month period (absent other exemptions) from discriminating against employees with … Continue Reading

Roundtable Discussion – New DOL Overtime Regulations

On Tuesday, June 21, 2016, in Greenberg Traurig’s Las Vegas office, and Wednesday, June 22, 2016, in Greenberg Traurig’s Phoenix office, GT will host a Roundtable Discussion regarding the new regulations issued by the DOL. These regulations will likely go into effect in a few weeks, changing one of the key components of federal wage and hour … Continue Reading

The New Overtime Regulations and Their Impact on the Salary Basis Test

As we previously discussed here, the United States Department of Labor (DOL) recently changed the Fair Labor Standards Act’s (FLSA’s or the Act’s) Salary Level and Salary Basis tests for the white collar exemptions to the Act’s overtime requirement.  Effective Dec. 1, 2016, employees must be paid at least $47,476 annually and $913 per week … Continue Reading

The ARB Potentially Broadens Protected Activity Under Sarbanes-Oxley

Just when employers thought that the anti-retaliation provision of the Sarbanes-Oxley Act of 2002 (SOX), 15 U.S.C. § 1514A, already covered a broad range of protected conduct, the Department of Labor’s Administrative Review Board (ARB), the appellate body that reviews Administrative Law Judge (ALJ) decisions, potentially broadened the scope of conduct that is protected from … Continue Reading

The DOL Issues Broader Fiduciary Adviser Definition: What Does it Mean for You?

Since the enactment of ERISA in 1974, there has been a dramatic shift in the retirement savings marketplace from employer-sponsored defined benefit plans to participant-directed 401(k) plans, coupled with the widespread growth of Individual Retirement Accounts and Annuities (IRAs). In fact, 401(k) plans did not exist at the time the Department of Labor (DOL) published … Continue Reading

U.S. Department of Labor Issues Final Rule Boosting Minimum Salary for Overtime Exemptions

On May 18, 2016, President Obama and U.S. Department of Labor Secretary Thomas Perez announced the issuance of the Final Rule updating the salary requirements of the Fair Labor Standards Act’s overtime exemptions.  The increase in salary standard, which will go into effect on Dec. 1, 2016, boosts the minimum salary level for exempt status … Continue Reading

Final Rule Change to FLSA Salary and Salary Basis Tests for Overtime Exemption

On May 18, 2016, the United States Department of Labor (DOL) unveiled new overtime regulations that represent the largest change in the Fair Labor Standards Act (FLSA) in over two-decades.  The final version of the new FLSA rule will increase the salary threshold from $23,660 annually ($455/week) to $47,476 annually ($913/week) for a worker to … Continue Reading

Rising Salary Levels Governing Fair Labor Standards Act’s ‘White Collar’ Exemptions May Lift Union Votes

Since March 14, 2016, when the Department of Labor (DOL) transmitted its final rule to the Office of Management and Budget (OMB) increasing the salary required to qualify for the “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA), employers have been encouraged to start planning to ensure compliance.1 Whether these regulations will … Continue Reading

Start Planning! The Department of Labor’s White Collar Overtime Rules Are Coming…For Real!

On Monday, March 14, 2016, the Department of Labor (DOL) sent its final rule revising the white collar overtime exemption regulations of the federal Fair Labor Standards Act (FLSA) to the White House Office of Management and Budget (OMB). The OMB’s review is the final step in the regulatory process before the revised regulations are … Continue Reading

New White Collar Exemption Regulations Are Upon Us – Are You Prepared?

On March 14, 2016, the U.S. Department of Labor (DOL) via its Wage and Hour Division forwarded its proposed modifications to the white collar exemptions of the Fair Labor Standards Act (FLSA) to the Congressional Office of Management and Budget (OMB). This is the final step before the new regulation is officially published, allowing Congress … Continue Reading

DOL Says Most Workers Are Employees Under Federal Law

Today, the U.S. Department of Labor (“DOL”) issued an Administrator’s Interpretation regarding the misclassification of employees as independent contractors. Having received numerous complaints from workers on this issue over the last several years, the DOL has concluded that most workers are employees under the Fair Labor Standards Act (“FLSA”).  The 15-page memorandum emphasizes that proper … Continue Reading

Administration Sets Stage to Increase Number of Workers Eligible for Overtime Pay

On March 13, 2014, the President signed a Presidential Memorandum directing the Department of Labor (DOL) to “propose revisions to modernize and streamline … existing overtime regulations.” Although not mentioned directly in the Memorandum, the purpose behind the directive is to increase the number of workers eligible for overtime pay by making it more difficult … Continue Reading

DOL Publishes Final Rule Eliminating Exemption to FLSA’s Minimum Wage and Overtime Provisions for Home-Healthcare Workers

This Alert discusses the U.S. Department of Labor (DOL) Wage and Hour Division’s recently published final rule, which significantly changes the scope of the Fair Labor Standards Act’s (FLSA) “companionship exemption.”  Set to become effective January 1, 2015, the final rule most notably eliminates the exemption’s application to direct care workers employed by third-party agencies.  … Continue Reading

OFCCP Publishes Final Rule to Improve Job Opportunities for Veterans and Persons With Disabilities

With Ryan C. Bradel The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently released two final rules updating the Affirmative Action regulations regarding the recruiting and hiring of veterans and persons with disabilities, which are mandatory for federal government contractors.  Pending since April 2011, the rules are expected to be published … Continue Reading

Interns – Pay Now, or Pay Later

Unpaid summer internships have seemingly always provided mutual benefit to both employers and interns.  Interns have the opportunity to gain experience, build relationships, and learn about a particular career or industry in a “real world” setting, and employers gain support, albeit unskilled, from an enthusiastic worker. However, the legality of the internship relationship is subject … Continue Reading

Annie Get Your Gun and Bring It to Work: The Impact of Georgia’s “Parking Lot Law” on Employers

In response to the growing number of tragic mass shootings, most recently in Newtown, Connecticut, federal, state and local governments continue grappling with how to address issues of gun control.  Given these arising issues, employers must also be cognizant of their duty to protect employees, clients and customers while still being mindful of individual employee … Continue Reading
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