In a letter to Congress, Wage-and-Hour Administrator David Weil yesterday stated that the Department would not extend the 60-day comment period for providing feedback regarding the Department’s proposed rule, indicating that “a comment period of this length . . . will meet the goal . . . of ensuring Department has level of insight
final rule
New York Federal Court Upholds Payment of Overtime Pursuant to Fluctuating Workweek Method Notwithstanding Bonus Pay
By Noel P. Tripp on
Uncertainty and litigation have ensued in the wake of the Department of Labor’s May 5, 2011 Final Rule regarding application of the fluctuating workweek method of overtime compensation (FWW) authorized by 29 CFR § 778.114, specifically the Rule’s commentary on the payment of incentive compensation to employees compensated via FWW. In a thorough recent decision,…
FLSA Coverage Extends to Majority of Home Care Workers
By Noel P. Tripp on
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 …
DOL Regulatory Agenda: More Aggressive Activity Expected
By Noel P. Tripp on
Posted in Department of Labor
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…