The first step has been taken!
According to a report in last night's Bloomberg Law's Daily Labor Report, the U.S. Department of Labor has drafted proposed overtime regulations and has sent them for review to the White House...more
Here's a summary of what you may have missed over the holiday break.
EEOC, court kick "Onionhead" employer while it's down....more
At the federal level, anyway.
Congratulations to the Democrats for flipping the U.S. House of Representatives last night, and congratulations to the Republicans for increasing their majority in the Senate. ...more
Yes, that is possible.
Suppose you're a small local employer whose employees are not entitled to overtime under the federal Fair Labor Standards Act.
OK, not very likely, but theoretically it could happen. ...more
Let your voice be heard!
The Wage and Hour Division of the U.S. Department of Labor announced today that it will conduct public listening sessions in a number of cities about the white-collar exemptions to the overtime...more
Not six feet under yet, but maybe 5'11"?
The U.S. Department of Labor formally issued a final rule rescinding the "Persuader Rule," which was issued under the Obama Administration. The Persuader Rule never took effect....more
If you're a religious organization in a fight with the U.S. Department of Labor over whether your volunteers are really "employees" under the Fair Labor Standards Act, then the Reverend Ernest Angley has just done you a big...more
Are you in the know?
Yeah, I'm sorry. I should have an in-depth, incisive legal analysis of the Sixth Circuit panel decision in EEOC v. R.G. and G.R. Harris Funeral Homes, Inc. That was my plan, and I promise that I will --...more
3/9/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Flu Shot Rule ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Minimum Wage ,
Misclassification ,
NLRB ,
Over-Time ,
Reasonable Accommodation ,
Religious Discrimination ,
Transgender ,
Wage and Hour
Hard to believe, but labor and employment services are generally considered "non-essential." :-(
You may have heard that the federal government shut down in the wee hours of Saturday morning. For the most part, the agencies...more
I hope everyone's holidays were happy. While I was out . . .
Marvin Kaplan is chairman of National Labor Relations Board. President Trump appointed Mr. Kaplan to become chairman, replacing Philip Miscimarra, who left the...more
Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the unopposed motion of the U.S. Department of Labor to dismiss as moot the appeal in the “overtime case” of Nevada v. U.S. Department of Labor. The Fifth...more
Bloomberg BNA reported Friday evening that President Trump has nominated Cheryl Stanton of South Carolina as Administrator of the Wage Hour Division of the U.S. Department of Labor. Ms. Stanton is currently executive director...more
On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31....more
The U.S. Department of Labor has issued its promised Request for Information on the salary levels in the Obama Administration’s overtime rule. The RFI was published in yesterday’s Federal Register. Comments are being accepted...more
The Senate is scheduled to hold a “combined” confirmation hearing starting at 9:30 a.m. Eastern today on three Trump nominees for labor-and-employment-related positions: Marvin Kaplan and William Emanuel, both of whom have...more
The U.S. Department of Labor submitted its brief today in Nevada v. U.S. Department of Labor, the case involving the challenge to the Obama Administration’s overtime rule.
Some very quick background: The overtime rule, which...more
The U.S. Department of Labor announced today that it has withdrawn informal guidance issued by the Obama Administration related to independent contractors and joint employment. The guidance on independent contractors was...more
Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a...more
Last week, I wrote about a report in Bloomberg BNA that the Trump Administration was thinking about letting the Equal Employment Opportunity Commission “absorb” the Office of Federal Contract Compliance Programs. The idea had...more
DEAR READERS: Before you accuse me of legal malpractice, take a look at tomorrow’s date.
Habit 1: Discriminate, retaliate, harass — have a ball! There’s a new sheriff in town, with a more employer-friendly,...more
The employment law week in Trumpland started out a little slow, but now we’re back in business.
Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good for...more
Bloomberg BNA reports this afternoon that Andrew Puzder, President Trump’s nominee for Secretary of Labor, IS going to withdraw from consideration. Please stay tuned! UPDATE (4:12 p.m. EST): It’s now official....more
The confirmation hearing for Andrew Puzder, President Trump’s nominee for Secretary of Labor, is supposed to take place tomorrow. While we wait to see what happens, I thought it might be fun to open a comment thread so we can...more
Dum-da-dum-dum!
Bloomberg BNA reports that the U.S. Department of Labor, which is the defendant in a lawsuit challenging the rule regarding white-collar exemptions to the overtime provisions of the Fair Labor Standards...more
We’ll try to keep you up to date with the latest labor and employment law news from the Trump Administration via a series of mini-posts as news develops.
According to Politico‘s Morning Shift, “President Trump ordered...more