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Much attention has been paid to the Department of Labor’s March 2010 Administrative Interpretation, which reversed prior DOL opinions and stated that mortgage loan officers do not qualify for the administrative exemption under the FLSA. The Mortgage Bankers Association has filed a lawsuit seeking to invalidate the interpretation as a violation of the Administrative Procedures…

On December 23rd, President Obama signed the $1 trillion omnibus spending act, which set the Labor Department budget at $14.5 billion for fiscal year 2012. This constitutes a $145.4M increase (approximately 1%) from 2011. The bill, which prevented any government shutdown from occurring, places five restrictions on U.S. Department of Labor activities during the…

The United States Department of Labor (USDOL) recently announced proposed amendments to the regulations governing the employment of minors in agricultural occupations. Now, the USDOL has announced a public hearing regarding the proposal. The meeting, at which “interested persons” will be given an opportunity to comment on the proposed rulemaking, will be held on October…

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…

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 Rodriguez’s nomination has been withdrawn.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 …

Following up on proposed regulations issued in 2008 for notice and comment, the U.S. Department of Labor issued final regulations last week, effective 30 days following publication in the Federal Register. These regulations address the issues below but other than in regard to use of the tip credit under Section 3(m), the changes to the text…

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…