Congress Approves $8.3 Billion Coronavirus Emergency Funding. The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (H.R. 6074) is headed for the President’s desk. Among other things, the bill...more
3/16/2020
/ Administrative Appointments ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Emergency Response ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Funding ,
Federal Labor Laws ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
NLRB ,
Pending Legislation ,
Public Health ,
Sick Leave ,
Trump Administration ,
Wage and Hour
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
All the President’s Budget. As you know, the Trump Administration’s FY2021 budget was submitted to the Congress last week. While effectively only a blueprint for future negotiations with Congress--particularly since it is the...more
2/21/2020
/ Caseloads ,
Congressional Investigations & Hearings ,
CW-1 ,
Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Federal Budget ,
H-1B ,
H-2A ,
H-2B ,
Immigration Reform ,
Judicial Appointments ,
Legislative Agendas ,
Pay Data ,
Pay Discrimination ,
PERM ,
Prevailing Wages ,
Proposed Legislation ,
Regulatory Agenda ,
Rulemaking Process ,
Training ,
Trump Administration
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
‘Twas the week before Christmas, in a year for the ages. So here’s our latest recap of hours and wages. The letters and laws. The regulations and cases. A year’s worth of matters that impacted workplaces....more
12/20/2019
/ Department of Labor (DOL) ,
Final Rules ,
Fluctuating Workweek ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Rate of Pay ,
Regulatory Agenda ,
Rulemaking Process ,
SCOTUS ,
Tips ,
Wage and Hour
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
Once. Twice. Three Times for JE. This week, the Administration released its Fall 2019 Regulatory Agenda, which identifies the work expected to be done by the regulatory agencies during the next year. Key among the labor...more
11/27/2019
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Mine Safety and Health Administration (MSHA) ,
NLRB ,
OSHA ,
Proposed Rules ,
Regulatory Agenda ,
USCIS ,
Wage & Hour Division (WHD) ,
Workplace Violence Prevention Programs
Electronic H-2B Notifications Coming Soon. The Departments of Labor and Homeland Security issued a final rule modernizing the recruitment requirements under the H-2B program. Specifically, the Departments have eliminated the...more
11/18/2019
/ Apprenticeships ,
Congressional Investigations & Hearings ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Federal Labor Laws ,
H-2B ,
Job Ads ,
Minimum Salary ,
Minimum Wage ,
Paid Leave ,
Reporting Requirements ,
State Labor Laws ,
Trump Administration
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
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
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
Earlier last week, the comment period ended for the U.S. Department of Labor, Wage & Hour Division’s proposed rule increasing the salary threshold for the FLSA’s white collar exemption. The proposal received more than...more
Welcome to our latest installment of Regulatory Spring, Seyfarth Shaw’s weekly blog series covering the U.S. Department of Labor’s three-headed effort to revise and modernize various core components of the Fair Labor...more
Seyfarth Synopsis: On April 1, 2019, the U.S. DOL announced a proposed rule to clarify joint employment under the FLSA. The rule would establish a four-factor balancing test for joint employer status....more
4/3/2019
/ Administrative Interpretation ,
Comment Period ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
Proposed Rules ,
Regulatory Agenda ,
Restaurant Industry ,
Rulemaking Process ,
Staffing Agencies ,
Wage and Hour
Seyfarth Synopsis: In the latest chapter in the ongoing saga of the U.S. Department of Labor’s efforts to increase the salary threshold required for most white-collar exemptions, on March 7, 2019, the Department announced a...more
3/13/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
NPRM ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
Since 2015, we have been following the saga of the salary threshold for the FLSA’s white-collar exemptions (most of them, at least). ...more