Tag Archives: DOL

Department Of Labor Publishes Tipped Employee Final Rule

Photo of David GrantPhoto of Caroline M. LandtBy David Grant and Caroline M. Landt on Posted in Department of Labor
On Friday, the U.S. Department of Labor (DOL) published its Final Rule governing tipped employees. The DOL kept the sweeping changes to the regulation of employees paid using a tip credit wage, which it introduced this past June in its Notice of Proposed Rulemaking (NPRM). Buttressed by the 11th Circuit’s recent decision in Rafferty v. … Continue Reading

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

Photo of Caroline M. LandtPhoto of David GrantBy Caroline M. Landt and David Grant on 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

Photo of Jacob A. BrunerPhoto of David GrantPhoto of Caroline M. LandtBy Jacob A. Bruner, David Grant and Caroline M. Landt on 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

Snapshot or Long Exposure? Dep’t Of Labor Approves New IC Test … For Now

Photo of Todd LebowitzBy Todd Lebowitz on Posted in Department of Labor, Independent Contractor, Wage and Hour
This octopus in New Zealand has been trained to take photos of visitors to the Sea Life Aquarium. That’s a pretty neat trick. I’m sure the visitors love it and will pay whatever exorbitant fee the aquarium charges to profit on the back of its cephalopod slave labor, but will the photos last? Do the … Continue Reading

DOL Issues New Guidance on Several FFCRA Issues

Photo of Greg MersolBy Greg Mersol on Posted in Department of Labor
Introduction The Families First Coronavirus Response Act (FFCRA) was enacted just under six months ago in the wake of closings prompted by the then new coronavirus pandemic. As most employers know, the FFCRA created leave rights for many employees of employers with fewer than 500 employees for absences caused by the virus and its aftermath. … Continue Reading

New York Southern District Vacates Several Provisions of the DOL’s Final Rule on the FFCRA

Photo of Priya AminBy Priya Amin on Posted in New York
On August 3, 2020, the Southern District of New York issued a decision vacating certain provisions of the Department of Labor’s (DOL) Final Rule on the Families First Coronavirus Response Act (FFCRA). This ruling will be difficult and problematic for many employers and will create substantial uncertainty in the workplace. The FFCRA, which was enacted … Continue Reading

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

Photo of Amy J. TraubPhoto of Ashlee GrantBy Amy J. Traub and Ashlee Grant on 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

Employers Speak Out on Proposed Changes to FLSA Overtime Rule

Photo of Nathan A. SchachtPhoto of Jacob A. BrunerBy Nathan A. Schacht and Jacob A. Bruner on Posted in Department of Labor, FLSA
On Sept. 14, 2018, the Department of Labor (DOL) conducted a fourth public listening session on proposed changes to the Fair Labor Standards Act (FLSA) overtime exemption. The session was one of four public listening sessions offered by the DOL last month. The series is part of a larger rulemaking and comment period being offered … Continue Reading

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

Photo of Scott McIntyreBy Scott McIntyre on 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

Understanding the New Overtime Regulations

Photo of Amy J. TraubBy Amy J. Traub and Adam Seldon on Posted in FLSA
Today, the U.S. Department of Labor (“DOL”) issued the final version of the much-anticipated new Fair Labor Standards Act (“FLSA”) regulations regarding the salary threshold for exempt employees. This post provides employers with insight into how to understand, and ultimately apply, the new regulations, which will affect employers of all sizes in all industries across … Continue Reading

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

Photo of Joel D. GottesmanBy Joel D. Gottesman on 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

The Much-Anticipated Proposed Overtime Regulations Would Extend Overtime Protection to Nearly 5 Million Workers in 2016

Photo of Amy J. TraubBy Amy J. Traub and Adam Seldon on Posted in Department of Labor, FLSA, Retail
Yesterday, the U.S. Department of Labor (“DOL”) announced a much-anticipated proposed rule that, among other things, more than doubles the salary threshold required for an employee to qualify as exempt from overtime pay under Fair Labor Standards Act (“FLSA”) regulations that define exempt executive, administrative, and professional employees (“exempt white collar employees”). The current salary … Continue Reading

Changes to New York’s Wage Theft Prevention Act Eliminating the Annual Wage Notice Requirement

By Adam Seldon on Posted in Wage and Hour
On December 29, 2014, Governor Andrew Cuomo signed a bill that amends the Wage Theft Prevention Act (the “WTPA”) eliminating the burdensome annual wage notice requirement that was previously placed on employers (the “Amendments”). The Amendments also significantly increase penalties for wage payment violations, expand successor and personal liability for wage payment violations, and establish … Continue Reading

DOL Refills States’ War Chests for Independent Contractor Misclassification Crackdown

Photo of Todd LebowitzBy Todd Lebowitz on 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
LexBlog