In the second bit of wage hour news today, and in advance of Secretary Acosta’s hearing before a Senate Appropriations subcommittee, the Department of Labor announced the return of opinion letters. In 2010, the Obama...more
Yesterday, the DOL’s Wage & Hour Division (WHD) sent its anticipated Request for Information (RFI) on the overtime rule to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA). Review of...more
Seyfarth Synopsis: United States Secretary of Labor Alexander Acosta recently withdrew the federal Wage & Hour Division’s (WHD) Obama-era guidance documents on independent contractors and joint employment. Those documents,...more
During his Wednesday hearing before a House Appropriations Subcommittee, in which he addressed the Trump Administration’s proposed budget for DOL, Secretary Alexander Acosta informed the committee that the Department planned...more
On June 7, Department of Labor Secretary Alexander Acosta announced the withdrawal of the DOL’s 2015 and 2016 Administrator Interpretations (“AIs”) on joint employment and independent contractors. These documents were...more
Today marks just over a month since Donald Trump was elected as the next President of the United States. As each cabinet appointment is announced, we get more clues to help us predict which direction the Trump...more
12/13/2016
/ Affordable Care Act ,
Alternative Minimum Tax ,
Americans with Disabilities Act (ADA) ,
Cadillac Tax ,
Capital Investments ,
Capital Markets ,
Clean Power Plan ,
Clean Water Rule ,
Climate Action Plan ,
Coal Industry ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Taxes ,
Cross-Border Transactions ,
Cuba ,
DACA ,
DAPA ,
Defense Contracts ,
Department of Labor (DOL) ,
Deregulation ,
Dodd-Frank ,
EB-5 ,
Employer Mandates ,
Employment Eligibility Verification ,
Endangered Species Act (ESA) ,
Energy Policy ,
Environmental Protection Agency (EPA) ,
Executive Compensation ,
Exports ,
F-1 Visa ,
Foreign Subsidiaries ,
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Free Trade Agreements ,
Groundwater ,
H-1B ,
Healthcare Reform ,
Immigration Reform ,
Iran Sanctions ,
L-1 ,
Lending ,
Loans ,
Medicare ,
Minimum Salary ,
Multinationals ,
Paris Agreement ,
Popular ,
Presidential Elections ,
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Repatriation ,
Repeal ,
Securities and Exchange Commission (SEC) ,
STEM ,
Tax Credits ,
Tax Deductions ,
Tax Rates ,
Tax Reform ,
Trans-Pacific Partnership ,
Trump Administration ,
Unpaid Overtime ,
US Army Corps of Engineers ,
USCIS ,
Venture Capital
Seyfarth Synopsis: The United States Department of Labor’s Final Rule on paid sick leave requirements for many federal contractors, which was published on September 30, 2016, will apply to covered contracts beginning on...more
Two lawsuits related to the Department of Labor’s revisions to the white-collar exemptions have been filed in East Texas.
The first lawsuit, citing (among other things) the severe impact the impending salary increase...more
9/21/2016
/ Administrative Procedure Act ,
Attorney General ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Preliminary Injunctions ,
State and Local Government ,
State Budgets ,
Statutory Authority ,
Tenth Amendment ,
TRO ,
White-Collar Exemptions
Today, the Department of Labor’s long-awaited revisions to the Fair Labor Standards Act’s white collar exemption will be announced. Although there certainly will be additional nuance identified once the entire package has...more
Seyfarth Shaw submitted comments on behalf of the Firm and its clients responding to the U.S. Department of Labor’s proposed regulations seeking to require certain parties that contract with the Federal Government to provide...more
Last week proved to be a busy one in the world of wage and hour policy. First, WHD sent its final rule package to OMB for review. Then, Secretary of Labor Tom Perez testified before three Congressional committees , where he...more
The Department of Labor has submitted the final overtime rule to OMB for review. Typically, OMB review takes 30 to 60 days. Last year, OMB reviewed the proposed rule for just about 60 days before approving it. On this...more
Following up on Executive Order 13706 from September 2015 (the “Order”), earlier today the United States Department of Labor (“DOL”) took a major step toward extending paid sick leave benefits to employees of federal...more
All around the country, tipping practices have been coming under scrutiny. Restaurants increasingly have abandoned their use of tip credit — and tipping — partially due to a belief that a higher wage not tied to the...more
Pinning down a publication date for the DOL’s final revisions to the white-collar exemption rules has proven difficult to anyone outside of the agency’s headquarters. Sometimes, the answer seems to elude even those inside the...more
On January 20, 2016, the U.S. Department of Labor’s Wage & Hour Division (WHD) issued another Administrator’s Interpretation (the AI or “Guidance”) that it hopes will have a far-ranging impact on how employers do business...more
‘Twas the week before Christmas, 2-0-1-5
When the poetry elves on the blog came alive.
Crafting their rhymes with a purpose so clear:
Presenting the wage-hour gems of the year....more
12/24/2015
/ Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Independent Contractors ,
Joint Employers ,
Minimum Wage ,
Tyson Foods v Bouaphakeo ,
Wage and Hour ,
Young Lawyers
As we blogged last year, the President’s Executive Order establishing a minimum wage for certain federal contractor employees requires that the minimum wage be adjusted on an annual basis. In the September 16, 2015 Federal...more
This year continues to be an active one for employers who are federal contractors or subcontractors. Most recently, yesterday President Obama continued the trend of using Executive Orders where legislative solutions have...more
9/10/2015
/ Compliance ,
Contractors ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Handbooks ,
Equal Opportunities ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Minimum Wage ,
NLRA ,
Obama Administration ,
OFCCP ,
Paid Time Off (PTO) ,
Posting Requirements ,
Section 503 ,
Sick Leave ,
Subcontractors ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
As you have no doubt heard, the Department of Labor’s Wage & Hour Division (“WHD”) has proposed revisions to the regulations defining which of your white-collar employees qualify as exempt from the Fair Labor Standards Act’s...more
7/31/2015
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Poor Job Performance ,
Primary Duty Test ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
Today, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued its first Administrator’s Interpretation (AI) on the Fair Labor Standards Act (FLSA) in more than a year. As the Administrator, Dr. David Weil, had...more
Today, the U.S. Department of Labor’s Wage & Hour Division announced its long-awaited proposal to amend 29 CFR Part 541, the “white collar” exemption for executive, administrative, and professional employees. Somewhat...more
While much of Washington, DC, begins its preparations for the inevitable summer slowdown, the Department of Labor’s Wage and Hour Division appears to be ramping up for a summer sure to keep wage and hour lawyers across the...more
On Thursday, the Department of Labor and the Federal Acquisition Regulatory (FAR) Council will issue proposed guidance and proposed regulations, respectively, regarding the implementation of the President’s Fair Pay and Safe...more
In the Department of Labor’s regulatory agenda for Spring 2015, the Wage & Hour Division announced a request for information (RFI) regarding “the use of technology, including portable electronic devices, by employees away...more