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Wage and Hour Rulemaking Process Proposed Rules

McDermott Will & Emery

Proposed Federal Contractor Rule Will Impose Pay Equity and Transparency

McDermott Will & Emery on

There are proposed amendments to the Federal Acquisition Regulation (FAR) that will change employment practices for federal contractors in two ways. First, these amendments will prohibit federal contractors from seeking and...more

Perkins Coie

Proposed Rule Would Impose Pay Transparency and Salary History Requirements for Federal Contractors

Perkins Coie on

The Federal Acquisition Regulatory Council issued a Proposed Rule, “Pay Equity and Transparency in Federal Contracting,” on January 30, 2024. The Proposed Rule would amend the Federal Acquisition Regulations (FARs), which...more

Seyfarth Shaw LLP

Legislative Update: Colorado Proposes New Rules for Tipped Workers, and More State and Local Efforts to Eliminate the Tip Credit

Seyfarth Shaw LLP on

Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep...more

Gould + Ratner LLP

New DOL Proposal Would Expand Overtime Pay to Millions of Workers

Gould + Ratner LLP on

The U.S. Department of Labor (DOL) has announced a new proposed rule that – if it becomes final – would extend overtime pay to over 3 million American workers. Annual Salary Threshold for EAP Exemptions Increases to...more

Fenwick & West LLP

Fall 2022 Employment Law Roundup

Fenwick & West LLP on

U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act - On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more

Littler

Department of Labor Proposes New Rule for Independent Contractor Status

Littler on

On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor.  FLSA...more

Littler

NLRB Proposes New Joint-Employer Standard That Would Dramatically Expand Scope of “Joint Employment” Under the National Labor...

Littler on

On September 6, 2022, the U.S. National Labor Relations Board delivered employers a slightly belated Labor Day “present” – a proposal to revise yet again its standard for determining joint-employer status under the National...more

Fisher Phillips

DOL’s Proposed Revisions of Davis Bacon Act Rules Will Have Significant Impact on Federal Construction Contractors

Fisher Phillips on

Federal wage and hour officials recently issued proposed rules that will make it easier for unions to have their hourly rates of pay established as the prevailing wage rates and will increase the Department of Labor’s...more

Troutman Pepper

DOL Proposes New Rule Clarifying Independent Contractor Status

Troutman Pepper on

Q: What do I need to know about the proposed federal rule on independent contractor classification? ...more

Bradley Arant Boult Cummings LLP

New Reality? DOL Publishes Proposed Rule on Independent Contractor Status

Whether a worker is an employee covered by the Fair Labor Standards Act (FLSA) (and potentially entitled to overtime pay or benefits) or an independent contractor who is not covered has been the center of an ongoing legal...more

Dentons

Is a Worker an Employee or Independent Contractor? DOL Proposes New Rule

Dentons on

For many years, construction companies have been faced with the issue of whether they should treat a worker as an employee or independent contractor. Handling the issue incorrectly can have serious consequences. Various...more

Holland & Knight LLP

DOL Publishes New Guidance for Classifying Independent Contractors

Holland & Knight LLP on

The U.S. Department of Labor (DOL) on Sept. 22, 2020, proposed new regulations designed to codify criteria to identify independent workers under the Fair Labor Standards Act (FLSA). Independent contractors are not employees...more

Woods Rogers

DOL Proposes New Rule Clarifying Independent Contractor Status

Woods Rogers on

The U.S. Department of Labor (“DOL”) has proposed a new rule interpreting independent contractor status under the Fair Labor Standards Act (“FLSA”). The purpose of the proposed rule is to provide clarity as to when a worker...more

Perkins Coie

U.S. Department of Labor Issues Notice of Proposed Rulemaking on Independent Contractor/Employee Worker Classifications

Perkins Coie on

The U.S. Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) on September 22, 2020, seeking to codify the independent contractor/employee worker classifications into the Fair Labor Standards Act’s...more

Brooks Pierce

DOL Proposed Rule Clarifies Requirements for Classifying Workers as Independent Contractors

Brooks Pierce on

On Sept. 22, 2020, the U.S. Department of Labor (DOL) issued a proposed rule(link is external) providing guidance to employers on whether workers should be classified as employees or independent contractors under the Fair...more

Morgan Lewis

DOL Publishes Proposed Rule on Independent Contractor Classification

Morgan Lewis on

While the proposed rule retains the “economic realities test,” it consolidates the existing factors used to guide analysis of independent contractor status under the Fair Labor Standards Act and focuses on two “core factors.”...more

Akerman LLP - HR Defense

Just In Time For Holiday Bonuses: Proposed New Guidance On “Fixed Salary”

Employers who compensate non-exempt employees based on the “fluctuating work week” method, take note. Last month, the Department of Labor issued a proposed rule that would permit employers to supplement the salaries of such...more

Seyfarth Shaw LLP

Seyfarth Shaw Policy Matters Newsletter - November 2019

Seyfarth Shaw LLP on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - November 2019 #2

Fluctuating Workweek Reg Drops. On November 5, 2019, the U.S. Department of Labor’s Wage and Hour Division issued a notice of proposed rulemaking for computing overtime compensation for salaried nonexempt employees whose...more

Epstein Becker & Green

WHD Releases Text of Proposed Revisions to the Fluctuating Workweek Regulations

Epstein Becker & Green on

On August 26, 2019, we wrote of the plan by the U.S. Department of Labor’s Wage and Hour Division (“WHD”) to update the Fair Labor Standard Act (“FLSA”) regulations on calculating overtime pay for salaried non-exempt workers...more

FordHarrison

DOL Attempts to End Confusion Regarding Bonuses and the Use of the Fluctuating Workweek

FordHarrison on

The US Department of Labor’s Wage and Hour Division (DOL) is attempting to provide clarity and predictability to one of the most confusing areas of wage and hour law – the fluctuating workweek. The Fair Labor Standards Act...more

Seyfarth Shaw LLP

WHD Proposes Rule on Fluctuating Workweek

Seyfarth Shaw LLP on

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

Franczek P.C.

DOL Proposes Rule to Make Bonus and Incentive Pay Compatible With Fluctuating Workweek

Franczek P.C. on

On November 5, 2019, the U.S. Department of Labor published a proposed rule that would make it easier for some employers to apply the “Fluctuating Workweek” method of calculating overtime pay for certain non-exempt employees....more

Akerman LLP - HR Defense

Hot Tip: End May Be Near for 80/20 Rule!

Akerman LLP - HR Defense on

Employers in the hospitality and restaurant industry are poised for celebration: the Department of Labor (DOL) has proposed eliminating a rule that requires tracking the time tipped employees devote to non-tip producing...more

Seyfarth Shaw LLP

WHD Releases Proposed Rule on Tipped Employees

Seyfarth Shaw LLP on

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

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