Seyfarth Synopsis: With the federal government shut down as of last Saturday, private employers – federal contractors especially – are considering their options....more
‘Twas the week before Christmas, and the WH-L-PG Contemplated the wage-hour year lyrically; We considered the issues our readers would most like to savor And decided the tastiest one was class waiver....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
The White House announced its intent to nominate Cheryl Stanton to serve as the Administrator of the U.S. Department of Labor’s Wage & Hour Division. Stanton currently serves as the Executive Director for the South Carolina...more
Seyfarth Synopsis: On Thursday afternoon, a federal judge in Texas issued an order officially invalidating the U.S. Department of Labor’s 2016 overtime rule, which would have more than doubled the minimum salary level for...more
On July 26, 2017, the U.S. Department of Labor will publish its anticipated Request for Information on the White-Collar Overtime Exemption in the Federal Register. The RFI will give the regulated community 60 days to provide...more
Each spring and fall, Washington waits with bated breath as the Executive Branch releases its regulatory agenda. As the first pronouncement of some of the specifics of the Trump Administration’s regulatory plans, this year’s...more
7/20/2017
/ Department of Labor (DOL) ,
Disability Discrimination ,
Fair Labor Standards Act (FLSA) ,
NPRM ,
Over-Time ,
Regulatory Reform ,
Tip Credit ,
Tip-Pooling ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: On June 30, the Department of Labor filed its reply brief to support its appeal from a preliminary injunction that enjoined the DOL from implementing its 2016 revisions to the salary-level tests for...more
Seyfarth Synopsis: On June 30, the Department of Labor filed its reply brief to support its appeal from a preliminary injunction that enjoined the DOL from implementing its 2016 revisions to the salary-level tests for...more
At last, the federal government has filed its reply brief in the Fifth Circuit concerning its appeal from a Texas district court’s order preliminarily enjoining the 2016 revisions to the FLSA’s executive, administrative, and...more
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
As the nation waited for the final states to be called in the early morning hours on Tuesday, we here at the Wage & Hour Litigation Blog focused on our one thing: what impact would the result have on the DOL’s overtime...more
Expanding upon a relationship started in 2012, the U.S. Department of Labor’s Wage & Hour Division and Subway announced a voluntary compliance agreement earlier this week. Billed as an effort at increasing Subway’s social...more
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
The President’s FY2017 budget request seeks a nearly $50 million increase in the Wage & Hour Division’s budget. This more than 20% increase would fund, among other things, 300 additional investigative staff — putting 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