Archives: DOL

DOL Continues Contractor Regulatory Onslaught with $15-per-Hour Minimum Wage for New and Extended Contracts

By David Grant, Marc Antonetti and Barron Avery on November 30, 2021 Posted in DOL

It has been a challenging month for federal government contractors. First came the Biden administration’s pronouncement on mandatory vaccinations. Unlike the Department of Labor’s (DOL) Occupational Safety and Health Administration emergency standard, the courts have not to this point stepped in and stayed implementation of this vaccination mandate for government contractors. Now, finalizing the administration’s … Continue Reading

The Devil Is In the Details: Department of Labor Publishes Tipped Employee Proposed Final Rule

By Caroline M. Landt and David Grant on June 23, 2021 Posted in DOL, Wage and Hour

The U.S. Department of Labor (DOL) published its Notice of Proposed Rule Making (NPRM) regarding tipped employees. Rejecting the Trump administration’s proposed rules governing tip-credit employees performing non-tipped duties, the DOL proposes to adopt what is known as the 80/20 rule. The devil is in the details, and the DOL now limits the 20 percent … Continue Reading

Taking Tips? Department of Labor Announces Timing for Tipped Employee Final Rule Implementation

By Jacob A. Bruner, David Grant and Caroline M. Landt on March 26, 2021 Posted in DOL

The U.S. Department of Labor (DOL) this week announced the timing for implementation of its much-awaited Final Rule controlling which employees can participate in a mandatory tip pool and changes to the “80/20” rule. The Final Rule, which revises the Fair Labor Standards Act’s (FLSA) tip regulations and implements an earlier statutory amendment concerning the … Continue Reading

The DOL’s Highly Anticipated Rule to Increase the Minimum Salary Threshold for Overtime Exemptions is Officially Open for Public Comment

By Amy J. Traub and Ashlee Grant on March 22, 2019 Posted in DOL

On March 22, 2019, the DOL announced the official publication of its Notice of Proposed Rulemaking in the Federal Registrar and the commencement of the 60-day period for public comments. All public comments on the proposed new rule must be received by May 21, 2019 in order to be considered by the DOL in preparing … Continue Reading

Budget Bill Imposes Sweeping Requirements on Employers Related to Sexual Harassment

By Amanda Van Hoose Garofalo on April 23, 2018 Posted in DOL, Harassment

The #MeToo movement is not finished making waves just yet. Governor Cuomo signed a 2019 Budget Bill on April 12, 2018, but the bill did not limit itself to budgetary issues. Instead, it included sweeping revisions to several statutes, resulting in several new requirements for employers doing business in New York State: Anti-Sexual Harassment Policies … Continue Reading

DOL Overtime Regulations: The End of an Era

By Amy J. Traub and Andrea Milano on September 6, 2017 Posted in DOL

At least once a week we get a call from a client inquiring about the status of the new salary threshold overtime regulations. We have an update, and the news is good for employers! By way of background, on May 23, 2016, the U.S. Department of Labor (DOL) announced its final rule (Rule) to increase … Continue Reading

Trump Names Fast Food CEO As Labor Secretary

By Amy J. Traub and Amanda Van Hoose Garofalo on December 9, 2016 Posted in DOL

President-elect Donald J. Trump on Thursday named Andrew F. Puzder, chief executive of the company that operates the fast food outlets Hardee’s and Carl’s Jr. to be the DOL’s new secretary of labor. As widely reported by The New York Times, The Wall Street Journal and other major media outlets, Mr. Puzder is a critic … Continue Reading

Nationwide Permanent Injunction Bars Implementation of DOL’s “Persuader Rule”

By Scott McIntyre on November 21, 2016 Posted in DOL

As we explained in our client alert and blog posting on June 30, 2016, a Texas federal court on June 27 enjoined the United States Department of Labor (DOL) from implementing its new interpretation of the “Persuader Rule.” In a sweeping 86-page rebuff to DOL, the court opined that the DOL’s new interpretation of the “Advice Exemption … Continue Reading

DOL Mandates Paid Sick Leave for Employees of Federal Contractors

By Carrie Valdez on October 3, 2016 Posted in DOL, Wage and Hour

Just a year after President Obama signed Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors, the Department of Labor (DOL) announced its final rule mandating that federal contractors provide paid sick leave to employees who work “on or in connection with” federal contracts. The rule applies to new and renewed contracts with the … Continue Reading

Nationwide Preliminary Injunction Bars Implementation of Department of Labor’s “Persuader Rule”

By Scott McIntyre on June 30, 2016 Posted in DOL

On June 27, a federal court in Texas enjoined the United States Department of Labor (“DOL”) from implementing its new interpretation of the “Persuader Rule.” In a sweeping 86-page rebuff to the DOL, the court opined that the DOL’s new interpretation of the “Advice Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act” … Continue Reading

DOL Final Rule Withstands Challenge, Mandates Changes for Home Health Employers

By Joel D. Gottesman on October 15, 2015 Posted in DOL, FLSA

The U.S. Court of Appeals for the D.C. Circuit recently reinstated regulations from the U.S. Department of Labor (DOL), extending federal minimum wage and overtime requirements to home health workers employed by third-party employers. Home Care Association of America v. Weil, No. 15-5018 (Aug. 21, 2015) concerns plaintiffs-appellees Home Care Association of America (Home Care) … Continue Reading

DOL Refills States’ War Chests for Independent Contractor Misclassification Crackdown

By Todd Lebowitz on November 16, 2014 Posted in DOL, Independent Contractor

The U.S. Department of Labor has awarded $10.2 million in grants to 19 states for continued independent contractor misclassification detection and enforcement. The grants are focused on unemployment insurance programs and, more specifically, companies’ failure to pay unemployment insurance premiums for workers treated as independent contractors but whom the states deem to be employees. This … Continue Reading

DOL Proposes Rule Requiring Federal Contractors and Subcontractors to Submit Equal Pay Reports

By Joel Griswold on August 7, 2014 Posted in DOL

The year was 2081, and everybody was finally equal. They weren’t only equal before God and the law. They were equal every which way. Nobody was smarter than anybody else. Nobody was better looking than anybody else. Nobody was stronger or quicker than anybody else. All this equality was due to the 211th, 212th, and … Continue Reading

No Return Date, No Problem: Seventh Circuit Reverses FMLA Summary Judgment for Employer

By Pat Muldowney on July 7, 2014 Posted in DOL, FMLA, Leave of Absence

On June 24, 2014, the U.S. Court of Appeals for the Seventh Circuit held that an employee did not forfeit her right to leave under the Family and Medical Leave Act (“FMLA”) to care for her seriously ill adult daughter by failing to provide her employer with an anticipated date of return. Gienapp v. Harbor … Continue Reading

Employers Under Continued Fire from Government Agencies and Legislature for Workplace Misclassification

By Jeanine Conley and Amy J. Traub on December 6, 2013 Posted in Department of Labor, DOL, FLSA, Independent Contractor, New York, Wage and Hour

New York has just become the 15th state to formally align its efforts with those of the United States Department of Labor (“DOL”) to crack down on the misclassification of employees as “independent contractors.” New York joins 14 other states (including California, Connecticut, Massachusetts, and Washington) that have partnered with the DOL to “root out bad … Continue Reading

FLSA Care for the Caregivers: New DOL Rule Broadens Minimum Wage and Overtime Protections for Direct Care Workers

By Amy J. Traub and Jeanine Conley on October 4, 2013 Posted in DOL, FLSA, Home Health Workers, Wage and Hour

A final rule issued by the Department of Labor (“DOL”) is to erode significantly a longstanding exemption under the Fair Labor Standards Act (“FLSA”). For nearly 40 years, under the companionship services exemption, home care agencies and other third parties have not had to pay federally required minimum wage and overtime to workers providing home … Continue Reading