Since the United States Department of Labor announced its intention, in response to the President’s directive, to more than double the salary basis necessary to qualify for the “white collar” exemptions from overtime, the business community has swung into action. Employers and associations have both been lobbying for a more modest increase to the minimum
proposed rule
DOL: Comment Period Closed For Proposed Final Rule
By Noel P. Tripp on
Posted in Department of Labor, Exemptions
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…
USDOL Blog Post Signals Proposed Overtime Rules Will Narrow Exemptions
By Noel P. Tripp on
Posted in Department of Labor, Exemptions
Despite the enumerated twin goals to “update” and “simplify” the overtime regulations governing exempt status identified in the President’s original 2014 directive to the Department of Labor, a new blog post from Secretary of Labor Thomas Perez indicates that the proposed rule now submitted to the Office of Management and Budget will focus on…
DOL Announces Proposed Rule Effectuating Increase To Contractor Minimum Wage
By Noel P. Tripp on
Posted in Department of Labor
As discussed in greater detail on the Jackson Lewis website here, this week the Department of Labor published its Proposed Rule implementing the minimum wage increase for federal contractors ordered by the President through Executive Order earlier this year. Under the EO, the minimum wage for work covered by the Davis-Bacon Act or…
DOL States Plan To Issue Proposed Revisions To FLSA White Collar Exemptions In 2014
By Noel P. Tripp on
Posted in Department of Labor, Exemptions
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…
Restaurant Association Defeats Department of Labor, Invalidates 2011 Tip Regulations
By Noel P. Tripp on
Posted in Oregon, Tips and Tipped Employees
In 2010, the Ninth Circuit held in Cumbie v. Woody Woo, Inc., that an employee’s property right to tips attaches under the FLSA only if the employer is taking a tip credit pursuant to 29 U.S.C. § 203(m). In response to this decision the Department of Labor passed widely discussed-regulations which, contrary to the decision…