Tag Archives: DOL

Appeal of DOL Final Overtime Rule Won’t Be Heard Until At Least The Summer

The Fifth Circuit granted the government’s request for additional time to file its final reply brief in the pending appeal of a nationwide injunction issued by a Texas District Court Judge, blocking the DOL’s controversial overtime rule raising the required salary level for the white collar exemptions.  The final reply brief will not be filed … 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

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

DOL Enforcement of Home Care Rule to Commence November 12, Subject to “Prosecutorial Discretion”

Chief Justice Roberts’ denial of the Home Care Association of America’s request for stay of issuance of mandate confirms that the new rule rendering many home health aides overtime-eligible is effective, pending appeal. In response to that denial, Wage-and-Hour Administrator David Weil issued a new policy statement confirming that the Department’s “non-enforcement period” for the new rule will end on November … Continue Reading

DOL States Plan To Issue Proposed Revisions To FLSA White Collar Exemptions In 2014

The Department of Labor recently released its 2014 Semiannual Regulatory Agenda, a non-binding statement regarding upcoming rulemaking.  The Agenda provides a timetable for issuance of a proposed rule revising the regulations interpreting the Fair Labor Standards Act’s “white collar” overtime exemptions, in conformity with the President’s recent directive.  As we often discuss, certain “white collar” … 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

Supreme Court: PSRs Are Exempt Outside Salespeople

In a decision with broad implications within and, potentially, outside the pharmaceutical industry, the Supreme Court has affirmed, by a 5-4 margin, the Ninth Circuit’s decision finding GlaxoSmithKline’s pharmaceutical sales representatives qualify for the outside sales exemption under the FLSA.  Christopher v. SmithKline Beecham Corp., No. 11–204 (June 18, 2012).  Justice Alito delivered the opinion … Continue Reading

DOL Proposes Amendments to Child Labor Regulations

Last week, the Department of Labor issued proposed amendments to the regulations governing the employment of minors in agricultural occupations, and solicited public commentary on the proposal ahead of a planned public hearing. These proposed amendments, which would not apply to children working on farms owned by their parents, are designed to strengthen the workplace safety … Continue Reading

President Withdraws Nomination of Rodriguez for Wage/Hour Administrator

In January, President Obama re-submitted his nomination of deputy assistant attorney general and chief of staff of the Justice Department’s Civil Rights Division, Leon Rodriguez, to be Administrator of the DOL’s Wage and Hour Division.  On Tuesday, the White House issued a press release indicating that Mr. Rodriguez’s nomination has been withdrawn.  No reason for … Continue Reading

Department of Labor Requests Commentary Regarding Implementation of New Lactation Break Requirement

Via notice published December 21, 2010, the United States Department of Labor’s Wage & Hour Division (“WHD”) sought commentary from the public regarding WHD’s preliminary interpretations of the new lactation break requirement added to the Fair Labor Standards Act (“FLSA”) on March 23, 2010 as part of the Patient Protection and Affordable Care Act.  These preliminary … Continue Reading

Seventh Circuit Upholds Pro-Employer Method of Overtime Calculation for Misclassified Employees

The Fair Labor Standards Act requires employers to pay non-exempt employees one and one half times their regular rate of pay for any hours worked in a workweek in excess of 40. United States Department of Labor regulations, as set forth in 29 C.F.R. § 778.114(a), allow an employer to utilize the fluctuating workweek (“FWW”) method … Continue Reading

Federal Court Finds Pre-Shift Time De Minimis And Non-Compensable

The Second Circuit recently affirmed a district court’s decision dismissing security guards’ claims for minimal amounts of allegedly uncompensated work time. In doing so, the Court reiteratedthe general principle applied by federal courts that “"[w]hen the matter in issue concerns only a few seconds or minutes of work beyond the scheduled working hours, such trifles may … Continue Reading

An Example of the USDOL’s New Proactive, Company-Wide Approach To Settlements

As we previously reported here, the USDOL is focused on corporate-wide compliance strategies to ensure that employers take active responsibility for their compliance efforts.  In a speech at New York University, Solicitor of Labor M. Patricia Smith touted a recent settlement with Tyson Foods as an example of the DOL’s new approach.    Ms. Smith explained … Continue Reading

Jackson Lewis Attends Wage and Hour Division Public Forum Articulating DOL Enforcement Agenda

On Friday, May 21, 2010, the Department of Labor, Wage and Hour Division held a public Stakeholder Forum, during which key members of the Wage and Hour Division (WHD) discussed WHD’s goals and regulatory agenda. Jackson Lewis attended the Forum.  After welcoming the crowd, Nancy Leppink, the WHD Deputy Administrator pointed out some of WHD’s accomplishments … Continue Reading

DOL Issues New Child Labor Regulations

On May 20, 2010, the US Department of Labor issued new regulations concerning child labor under the FLSA.  The regulations, which are effective July 19, 2010 and available here, are focused on the limitations as to both duties and work hours applicable to 14-15 and 16-17 year-olds in “non-agricultural” occupations.  The regulations address in detail … Continue Reading

USDOL Officials Discuss Misclassification and Other Initiatives To Encourage Employer Compliance with FLSA

During the week of April 26, senior Labor Department officials discussed upcoming rules and initiatives. In a web chat, Nancy Leppink, deputy administrator of the Wage and Hour Division, stated that the agency will issue proposed rules covering numerous areas including companionship services, child labor and recordkeeping within the next 18 months.    The proposed recordkeeping rules are … Continue Reading

California DLSE Modifies Its Standard For Legality of Unpaid Internships

Subsequent to our post of April 6, the California DLSE issued a lengthy new opinion letter regarding trainees, available here. In it, the Division upholds the uncompensated “intern” status of participants in the Year Up program, a program in which a not-for-profit places 18-24 year olds in underserved communities to develop marketable skills in the information … Continue Reading

We Don’t Have To Pay Our Interns – Do We?

For years, students and recent graduates have accepted internships with employers to gain work and practical experience.   Many, if not most, employers have treated and continue to treat these internships as “unpaid.” What’s more, in many industries (including film and advertising) this practice is an institutional rite of passage – part of “dues paying”.  Recent actions … Continue Reading
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