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
In the wake of the impeachment proceedings, the State of the Union, the Administration’s budget proposal, and the initial rounds of the battle to see who gets the Democratic Presidential nomination, it’s been pretty quiet on...more
2/21/2020
/ #MeToo ,
Cannabidiol (CBD) oil ,
Department of Transportation (DOT) ,
Federal Labor Laws ,
Impeachment ,
Labor Law Violations ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Political Campaigns ,
Political Candidates ,
Presidential Elections ,
Regulatory Agenda ,
Rest and Meal Break ,
Sexual Harassment ,
State Labor Laws ,
Trucking Regulations ,
Trump Administration ,
Wage and Hour
PRO Act to Hit the Floor. The “Protecting the Right to Organize Act of 2019” (H.R. 2474) is headed to the House Floor next week. Amendments must be filed with the Rules Committee on Monday. As you know, the bill constitutes...more
2/7/2020
/ Cannabis Products ,
Credit Reports ,
Decriminalization of Marijuana ,
Employee Rights ,
Gig Economy ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Proposed Legislation ,
Recreational Use ,
Unions
With the eyes of Capitol Hill squarely focused on the Senate impeachment proceedings, we turn this week’s edition of Policy Matters to the states, where labor and employment-related legislative and regulatory activity...more
1/28/2020
/ Equal Rights Amendment (ERA) ,
Freelance Workers ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Legislative Agendas ,
Pay Gap ,
Salary/Wage History ,
Severance Pay ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Happy 2020! Welcome to the first edition of Policy Matters in this Presidential election year! Understandably, most of the Capitol’s attention has been focused on impeachment proceedings (or the lack thereof) and the conflict...more
1/20/2020
/ Back Wages ,
Davis-Bacon Act ,
Elder Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Labor Regulations ,
Legislative Agendas ,
Pregnancy ,
Pregnancy Discrimination ,
Proposed Legislation ,
Restaurant Industry ,
State and Local Government ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Tips ,
Vulnerable Victims ,
Wage and Hour ,
Wages
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
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
Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more
11/11/2019
/ Administrative Authority ,
Amicus Briefs ,
Bonuses ,
Employee Benefits ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Fluctuating Workweek ,
General Motors ,
Health Care Providers ,
Health Insurance ,
Labor Regulations ,
Legislative Agendas ,
Military Service Members ,
National Interest Waiver ,
NLRB ,
OFCCP ,
Offensive Language ,
Pending Legislation ,
Proposed Rules ,
Regulatory Agenda ,
Retirement ,
Right of First Refusal ,
Rulemaking Process ,
Salaried Employees ,
Section 7 ,
TRICARE ,
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
Recently, the comment period ended for the Department of Labor’s Notice of Proposed Rulemaking seeking to revise and update the regulations interpreting the Fair Labor Standards Act’s (“FLSA”) regular rate of pay...more
6/26/2019
/ Bonuses ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Legislative Agendas ,
Rate of Pay ,
Reimbursements ,
Rest and Meal Break ,
Rulemaking Process ,
Sick Pay ,
State Labor Laws ,
Vacation Pay ,
Wage and Hour