In November, the Department of Labor (DOL) issued a final rule (Final Rule) that will remove certain restrictions on environmental, social, and governance (ESG) considerations in plan investments. These restrictions were...more
12/16/2022
/ 401k ,
Benefit Plan Sponsors ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Final Rules ,
Proxy Voting Guidelines ,
Retirement Plan ,
Retirement Plan Providers
The U.S. Department of Labor recently finalized regulations that are likely to limit the use of retirement investments focused on environmental and social issues. On October 30, DOL issued a rule entitled “Financial Factors...more
On June 29, the U.S. Department of Labor (DOL) took two steps to broaden an exemption for investment advice fiduciaries. DOL released a technical amendment that reinstates its 1975 regulations on investment advice, as well as...more
The U.S. Department of Labor announced earlier this year that the effective date for employee benefit plans to comply with its new final rule on disability claims procedures is April 1, 2018. The rule applies to claims for...more
Under the Family and Medical Leave Act, employees are entitled to take intermittent leave to deal with a serious health condition. The intermittent leave can be in increments as small as one hour. The employer must maintain...more
Last week, the federal Department of Labor’s Wage and Hour Division proposed repealing a controversial regulation affecting employers in the hospitality industry. The regulation interpreted a provision of the Fair Labor...more
Last year’s proposal to increase the minimum salary to qualify for exemption from federal overtime requirements hit nonprofit employers particularly hard. While the new salary levels never went into effect, many nonprofits...more
As previously reported in EmployNews, in December a creative group of plaintiffs’ lawyers filed suit against Chipotle in federal district court in New Jersey. The lawyers contended that despite a Texas federal court’s...more
11/22/2017
/ Chipotle Grill ,
Collective Actions ,
Contempt ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Injunctions ,
Minimum Salary ,
Motion for Sanctions ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
The Fair Labor Standards Act requires that employees be paid a minimum wage of $7.25 per hour. In Douglas v. Xerox Business Services, LLC, the plaintiffs challenged Xerox’s variable pay system as violating these requirements....more
In recent years, a number of companies have faced lawsuits from unpaid interns who claim that they should have been compensated for their work. The Department of Labor considers internships to be subject to federal minimum...more
Department of Labor regulations issued under the Fair Labor Standards Act (29 C.F.R. § 785.18) state that any break time less than 20 minutes for nonexempt employees is considered compensable working time. Earlier this month,...more
Employees who receive gratuities may qualify for a special federal minimum wage set well below the standard $7.25 per hour. Employers are entitled to use the employees’ tips to reach the full minimum wage under the Department...more
Unlike private sector employers, federal contractors are subject to an executive order that requires payment of a minimum wage in excess of the $7.25 federal level. In addition, that minimum adjusts annually based on cost of...more
In 2011, the Obama Department of Labor (DOL) adopted a rule stating that service industry employers could not implement tip pooling rules, even if they did not claim the tip credit for minimum wage compliance purposes. Tip...more
Late last month, the Federal Occupational Safety and Health Administration (OSHA) announced a proposed delay for implementation of its new injury and illness reporting requirements until December 1. The rule originally was...more
On June 15, President Trump signed an Executive Order streamlining the design and approval for apprenticeship programs funded by the Department of Labor (DOL). The Order is intended to entice more employers to begin...more
Most employers know that qualified employees are entitled under the Family and Medical Leave Act (FMLA) to take unpaid leave from work to care for a spouse, child or parent with a serious health condition. What happens when...more
Last year in its Encino Motorcars decision, the U.S. Supreme Court rejected the Ninth Circuit Court of Appeals’ reliance on a Department of Labor (DOL) interpretation finding that automobile dealership service advisors do not...more
A federal district court’s unanticipated injunction on November 22 blocked the planned December 1 implementation date for the Department of Labor’s (DOL) increased minimum salary required to claim most exemptions from the...more
On November 22, a federal district court judge in Texas issued a nationwide injunction prohibiting the Department of Labor from enacting its new overtime exemption salary increase on December 1 as scheduled. The judge...more
Under the Fair Labor Standards Act, overtime pay is calculated based on the employee’s “regular rate.” The regular rate includes not just base compensation, but bonuses, incentive pay, commissions and other forms of cash and...more
On Tuesday, a federal district court in Texas issued a permanent injunction blocking implementation of the Department Of Labor’s so-called “Persuader” rule. The rule requires legal counsel and other persons or entities that...more
With the December 1 effective date approaching for the Department of Labor’s increase in the minimum salary for claiming most overtime exemptions, many employers are considering moving employees to the fluctuating workweek...more
Executive Order 13673, entitled “Fair Pay and Safe Workplaces” requires certain federal contractors to disclose to the contracting officer violations over the past three years of 14 listed federal labor laws as well as some...more
Many employers are currently reviewing their options for reacting to the December 1 increase in the minimum salary for claiming exemption from overtime requirements using the executive, administrative and professional...more