Tag Archives: Department of Labor

Federal Court In Illinois Rules Online Retailer Of Event Tickets Qualifies As “Retail Establishment” Under Section 207(i) Of The FLSA, Refusing to Defer to DOL Regulations

An online ticket broker that sells tickets to concerts, sporting events, and the theater qualifies as a “retail or service establishment” under Section 207(i) of the Fair Labor Standards Act (“FLSA”), Judge John Lee of the United States District Court for the Northern District of Illinois held. Blahnik v. Box Office Ticket Sales, LLC, 2017 … Continue Reading

Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule

The appeal regarding the validity of the federal overtime rule will not be fully briefed until May 1, 2017, according to an order issued by the Fifth Circuit on February 22, 2017, granting an unopposed request by the Department of Justice for an extension. When the Department of Labor first appealed the nationwide injunction issued … Continue Reading

State Plaintiffs Urge Fifth Circuit to Affirm Nationwide Injunction Blocking DOL Overtime Rule

In the latest round in the litigation between 21 States, led by the State of Nevada, and the Department of Labor regarding the Final Rule, the State Plaintiffs filed their appeal brief today with the Fifth Circuit, urging the Court to affirm the district court’s order, which issued a nationwide injunction blocking the rule.  “As … Continue Reading

Sen. Sanders, Other Members of Congress, File Amicus Brief in Support of DOL Salary Basis Regulation

Sen. Bernie Sanders, along with twenty-five other members of Congress, have filed an amicus brief in the Fifth Circuit Court of Appeals urging the Court to reverse the injunction issued by a Texas federal judge enjoining enforcement of the Department of Labor’s recent increase to the salary basis threshold for the white collar exemptions under … Continue Reading

Texas AFL-CIO Files Motion to Intervene in DOL Final Rule Lawsuit, Citing Trump Administration’s Anticipated Change of Course

The Texas AFL-CIO recently filed a motion to intervene as a defendant in the action filed against the Department of Labor (DOL) regarding its highly publicized regulation expanding overtime coverage. Fearing the DOL under President-Elect Donald Trump might abandon its appeal to the Fifth Circuit of a nationwide preliminary injunction issued by a Texas District … Continue Reading

Legislation Introduced To Delay Overtime Rule

Following a pair of lawsuits aimed at blocking the Labor Department’s “white collar” overtime rule, House Subcommittee on Workforce Protections Chair Tim Walberg (R-Michigan) introduced legislation which would delay the rule’s effective date by six months, from December 1, 2016, to June 1, 2017.  The proposed legislation, entitled The Regulatory Relief for Small Businesses, Schools, and … Continue Reading

Federal Court In Florida Is Latest To Reject DOL Regulation, Finds FLSA Does Not Require That Employees Receiving Full Minimum Wage Retain All Tips

While Department of Labor regulations interpreting the FLSA remain the primary source of employer guidance regarding the Act’s requirements, they are not necessarily the final word on what federal wage law requires. This is so even where they have been subject to “notice and comment,” triggering a higher level of judicial deference.  A federal court … Continue Reading

Supreme Court To Review DOL Authority To Issue Administrator Interpretations

Perhaps no single exemption classification under the FLSA has been subject to as much scrutiny, or generated as much inconsistent authority from courts and the United States Department of Labor, as the classification of loan officers in the mortgage banking industry.  In 2013, the Court of Appeals for the D.C. Circuit invalidated the Department of … Continue Reading

Professor David Weil Confirmed As USDOL Wage-and-Hour Administrator

Finally filling the vacant seat of Wage-and-Hour Administrator, the U.S. Senate confirmed the appointment of Boston University Professor David Weil to the position.  Prevailing sentiment among business and labor leaders is that Administrator Weil’s administration will take a hard line on enforcement of the FLSA, consistent with the Obama administration’s publicized view that vigorous enforcement … Continue Reading

FLSA Coverage Extends to Majority of Home Care Workers

The Department of Labor continues carrying out its aggressive regulatory agenda, releasing the much-anticipated final rule extending FLSA minimum wage and overtime protection to direct care workers such as home health aides, personal care aides and certified nursing assistants working for home care agencies and other domestic services employers, and reversing the application of the … Continue Reading

Labor Secretary Details Obama Administration Wage-Hour Agenda at AFL-CIO Convention

Newly appointed Labor Secretary Thomas Perez addressed the 2013 AFL-CIO Convention earlier this week, providing details on the Obama Administration’s legislative and administrative wage-hour agenda for the remainder of the President’s second term. The wage-hour agenda likely will be overseen by the President’s new nominee for Wage and Hour Administrator, Dr. David Weil, a professor at … Continue Reading

Congress Confirms Perez As Secretary of Labor, Employers Brace for Agenda

After an at times testy and contentious confirmation proceeding, on July 18 the United States Senate confirmed President Obama’s nomination of Thomas Perez as the new Secretary of Labor, replacing the departed Hilda Solis. Some Republican Congressmen had questioned Perez’s conduct in a qui tam action in Minnesota.  Mr. Perez’s Senate confirmation vote was the result … Continue Reading

DOL Announces App Competition Incorporating Employer Violation Data

Building upon its prior efforts to leverage contemporary technology, the Department of Labor has announced an “app” competition, inviting the public to create an app to incorporate its data regarding labor investigations “with consumer ratings websites, geo-positioning Web tools, and other relevant data sets, such as those available from state health boards.” This is not the … Continue Reading

D.C. Circuit Strikes Down 2010 USDOL Administrator’s Interpretation Regarding FLSA Status of Loan Officers

In 2010, the Department of Labor announced it would cease its “opinion letter” practice, wherein employers could submit written questions regarding application of the FLSA and its implementing regulations, and receive guidance. Replacing the opinion letter structure were “administrator interpretations,” wherein the Department would simply issue an advisory opinion on its own volition.  Contemporaneous with announcing … Continue Reading

Congressional Sub-Committee Debates Extension of “Comp Time” Under the FLSA To Private Sector

Revisiting a concept for the first time since 2009, a House of Representatives Sub-Committee recently conducted a hearing regarding the Working Families Flexibility Act (H.R. 1406). The Act, proposed on April 9, seeks to amend the FLSA to permit private sector employers to compensate employees for overtime work by providing compensatory time off (e.g., “comp time”), … Continue Reading

Obama Taps Civil Rights Attorney to Head DOL

Following on the heels of Hilda Solis’ surprising resignation, the President has nominated Thomas E. Perez to serve as the Secretary of Labor during his second term. Mr. Perez, like previously withdrawn Wage-and-Hour Administrator nominee Leon Rodriguez, has a background in public sector work and civil rights litigation, most recently serving as head of the Justice … Continue Reading

Texas Federal Court Agrees With Employer: Gate Attendants Are Independent Contractors Within the Meaning of FLSA

The Department of Labor often challenges an employer’s independent contractor classification, even when such classification is a matter of long-standing, industry practice.  Such disagreements can result in DOL audits or even DOL litigation seeking alleged unpaid minimum wage and overtime, as well as private enforcement actions. In a recent victory for employers involving litigation brought by … Continue Reading

Secretary of Labor Hilda Solis To Step Down

In a move surprising to the employment community, Secretary of Labor Hilda Solis has submitted her resignation to President Obama, creating a vacancy at the Department of Labor’s highest post and removing from the new administration one of its highest-ranking minority officials. In a lengthy email to staff, Secretary Solis explained that “After much discussion with … Continue Reading

DOL Regulatory Agenda: More Aggressive Activity Expected

With the President’s reelection, and significant new workplace law legislation unlikely given the large, divisive issues plaguing Capitol Hill, employers must remain vigilant in regard to the United States Department of Labor.  The DOL is expected to move forward aggressively with regulatory changes to implement its agenda.  Central to the Wage and Hour Division’s portion of … Continue Reading

Jackson Lewis Coverage of President Obama’s Reelection: Wage/Hour Implications

As touched upon in Jackson Lewis’ coverage of the employment law implications of President Obama’s reelection, employers are likely to see a continuation of the Department of Labor’s practices from the past four years during the next four. Per Jackson Lewis partner and former DOL Wage and Hour Administrator Paul DeCamp, these include: ·         Completion of … Continue Reading

Countering USDOL, Republicans Submit Proposal to Codify Coke Exemption to Overtime for Companions

In an effort to counteract proposed USDOL rulemaking seeking to overturn the Supreme Court’s decision in Long Island Care at Home v. Coke, in which the Court upheld the exemption’s historic application to individuals employed by third party agencies who provide health care services in a private home (Long Island Care at Home, Ltd. v. … Continue Reading

Court Upholds DOL’s “Administrative Interpretation” Concerning FLSA Status of Loan Officers

Following the DOL’s controversial 2010 Administrative Interpretation concluding that the administrative exemption to overtime does not apply to mortgage loan officers, numerous industry responses followed, including a Mortgage Bankers Association (MBA) lawsuit challenging the Interpretation. The MBA suit was initiated pursuant to the Administrative Procedure Act (APA) and sought a court ruling that the DOL violated … Continue Reading
LexBlog