Earlier this week, a decision by the U.S. District Court for the Southern District of New York vacated several key aspects of the U.S. Department of Labor’s (“DOL”) final rule implementing the Families First Coronavirus Response Act (“FFCRA”). (For those who are unfamiliar with the FFCA, an overview can be found here.) The decision
Department of Labor Updates Informal Guidance as to Families First Coronavirus Response Act
As we wrote about here, the U.S. Department of Labor (“DOL”) has issued informal guidance to help employers understand their rights and obligations under the Families First Coronavirus Response Act (“FFCRA”). DOL has since updated that guidance to address topics such as the following:
- Whether employees are eligible for paid leave if they are unable
DOL Publishes FFCRA Coronavirus Employee Rights Poster
On March 25 the Department of Labor (“DOL”) released the Families First Coronavirus Response Act’s (FFCRA) required notice poster that will need to be posted at many workplaces. The DOL also issued a FAQ to explain employer obligations associated with the posting. Unfortunately, these publications both raise additional questions.
First, there appears to be an
Department of Labor Issues Guidance as to Families First Coronavirus Response Act
While the Department of Labor (DOL) has not yet issued regulations, it has issued initial guidance to help employers understand who and what is covered under the new Families First Coronavirus Response Act (“FFCRA”). This initial guidance comes in the form of a FAQ and a Fact Sheet.
The new guidance assists employers by answering
DOL Clarifies Regular Rate
For the first time in 50 years the Department of Labor has issued a Final Rule attempting to clarify the overtime regular rate. The Final Rule focuses primarily on clarifying whether certain kinds of benefits or “perks,” and other miscellaneous items must be included in the regular rate. Since the DOL’s last overtime regular rate
Labor Department Clarifies Fluctuating Work Week Pay Method
The U.S. Department of Labor, in its continuing effort to simplify its wage and hour rules, has proposed changes to the fluctuating workweek method of paying salaried employees who work varying hours from week to week. Under this method, employers can pay salaried employees a set salary every week, to cover all their straight time
U.S. Department of Labor Announces Proposed Rules Regarding Tip Credits and Tip Pooling
On Monday, October 7, 2019, the Department of Labor (DOL) issued new proposed rules regarding the circumstances in which employers may (1) apply a “tip credit” to satisfy their minimum-wage obligations under the Fair Labor Standards Act (“FLSA”) and (2) permit non-tipped employees to participate in mandatory tip-pooling arrangements.
1. The Proposed Rules abolish the
The Long-Awaited Overtime Rule Is Here
Today, the Department of Labor (“DOL”) announced its final rule to increase overtime pay for salaried employees. The new rule lifts the annual salary threshold from $455 per week ($23,600 annually) to $684 per week ($35,568 annually). The rule also raises the annual compensation requirement for highly compensated employees (“HCE”) from $100,000 per year to
Drug Testing for Unemployment Applicants May Be Coming Soon
Under a new rule being advanced by the U.S. Department of Labor, applicants for unemployment benefits may soon have to pass a drug test in order to receive benefits. The rule, which has been a source of significant controversy, recently moved closer to becoming a reality when the DOL sent it to the federal budget
Labor Department’s Latest Move Aims to Expand Religious Exemption For Federal Contractors
Last week, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) published a proposed new rule broadening the religious exemption to its equal employment opportunity regulations. The proposed rule is based on OFCCP’s stated perception that religious organizations are “reluctant to participate as federal contractors because of uncertainty regarding the scope of the religious