NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more
3/3/2020
/ #MeToo ,
Apprenticeships ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Federal Contractors ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
NLRA ,
NLRB ,
OFCCP ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Sexual Harassment ,
Staffing Agencies ,
Unions ,
Wage and Hour
Seyfarth Synopsis: On January 15, 2020, the Department of Labor’s Final Rule on regular and basic rates of pay will take effect. This series will explore the various issues implicated by the Department’s changes. Part I...more
1/15/2020
/ Compensation & Benefits ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Reform ,
Labor Regulations ,
Over-Time ,
Rate of Pay ,
Rulemaking Process ,
Wage and Hour ,
Wages
Seyfarth Synopsis: In the December 16, 2019, Federal Register, the U.S. Department of Labor’s Wage & Hour Division (WHD) published its final rule clarifying and updating the regulations governing the regular rate requirements...more
Another Future of Work Hearing Scheduled. The House Higher Education and Workforce Development Subcommittee has announced a hearing titled “The Future of Work: Ensuring Workers Are Competitive in a Rapidly Changing Economy.”...more
12/13/2019
/ Employer Liability Issues ,
Farm Workers ,
Food Service Workers ,
H-2A ,
Immigration Reform ,
Legislative Agendas ,
Minimum Wage ,
NLRB ,
Paid Family Leave Law ,
Paid Time Off (PTO) ,
Pending Legislation ,
Regulatory Reform ,
Regulatory Standards ,
Restaurant Industry ,
Rulemaking Process ,
Tipped Employees ,
Tips ,
Wage and Hour
WHD Rulemakings Full Speed Ahead. This is a busy time for the Wage & Hour Division’s regulatory agenda. Early in the week, the White House approved its final rule updating the regular rate regulations. The updates are...more
12/6/2019
/ Comment Period ,
Compensation & Benefits ,
Data Collection ,
EEO-1 ,
Employee Benefits ,
Employer Liability Issues ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
Gender-Based Pay Discrimination ,
Joint Employers ,
Labor Regulations ,
Legislative Agendas ,
Marijuana ,
OFCCP ,
Over-Time ,
Paid Leave ,
Paid Time Off (PTO) ,
Pay Gap ,
Proposed Legislation ,
Rate of Pay ,
Recreational Use ,
Regulatory Agenda ,
Tipped Employees ,
Tips ,
Trump Administration ,
Wage and Hour
Seyfarth Synopsis: The U.S. Department of Labor’s Wage & Hour Division issued a proposed rule on the fluctuating workweek method of pay. The proposal continues a regulatory saga started in 2008, and clarifies that payments in...more
11/5/2019
/ Comment Period ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fluctuating Workweek ,
Incentive Compensation ,
Labor Regulations ,
Proposed Rules ,
Rate of Pay ,
Rulemaking Process ,
Wage and Hour ,
Work Schedules
Seyfarth Synopsis: The Department of Labor’s Wage & Hour Division announced its long-awaited proposed rule related to the FLSA’s tip provisions. The rule would implement statutory changes passed in March 2018; it also would...more
10/9/2019
/ Comment Period ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Job Duties ,
Labor Regulations ,
Minimum Wage ,
Proposed Rules ,
Regulatory Reform ,
Regulatory Standards ,
Restaurant Industry ,
Rulemaking Process ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
Seyfarth Synopsis: The U.S. Department of Labor announced its final rule updating and revising the regulations issued under the Fair Labor Standards Act (FLSA) regarding the earnings thresholds necessary to exempt executive,...more
9/25/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
Last week, Seyfarth submitted comments regarding the DOL’s proposal to update the federal regulations that set the standard for determining whether a business can be held liable as a joint employer under the FLSA. ...more
On February 28, the Wage & Hour Division sent to the White House Office of Information and Regulatory Affairs its long-awaited regulatory proposal on joint employment. ...more
3/4/2019
/ Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Joint Employers ,
Labor Policies ,
NLRA ,
NLRB ,
Regulatory Reform ,
Rulemaking Process ,
Staffing Agencies ,
Unions
Seyfarth Synopsis: Employees on certain government contracts must be paid in accordance with the requirements of a 2014 Executive Order on Minimum Wage. Effective January 1, 2019, the minimum wage for covered workers is...more
On Tuesday, the Wage & Hour Division announced a new program for resolving violations of the FLSA without the need for litigation. The Payroll Audit Independent Determination program—or “PAID”—is intended to facilitate the...more
Seyfarth Synopsis: With the federal government shut down as of last Saturday, private employers – federal contractors especially – are considering their options....more
As we’ve reported previously, among the items the Department of Labor identified earlier this year in its Regulatory Agenda was a Notice of Proposed Rulemaking (NPRM) seeking to rescind portions of a 2011 rule that restricted...more
10/26/2017
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
NPRM ,
OIRA ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
‘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