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
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
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
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
As previously reported in the Labor & Employment Law Navigator, the Wage and Hour Division (WHD) of the Department of Labor reinstituted its practice of issuing opinion letters in April of last year. Recently issued opinion letters continue to provide helpful guidance for employers on a number of wage and hour issues.
Certain Paralegals May
On May 30, 2019, the Office of Labor-Management Standards (“OLMS”) within the U.S. Department of Labor issued a notice seeking comments on a proposed rule that would require labor organizations to submit annual financial reports for trusts in which the labor organization has an interest.
The OLMS oversees the financial disclosure statements required of labor
Over the past two decades, workplace violence has unfortunately become increasingly prevalent, particularly in the health care and social service industries. As OSHA itself acknowledges, approximately 75 percent of workplace assaults reported annually occur in health care and social service settings and workers in health care settings are four times more likely to be victimized
Earlier today, the U.S. Department of Labor announced the official publication of the proposed changes to the federal overtime rules. This announcement is significant because it triggers the start of the 60-day period for public comments in favor of and opposed to the rule changes. The comment period will remain open until May 21, after
On April 12, 2018, the Wage and Hour Division (WHD) of the Department of Labor reinstituted its practice of issuing opinion letters, providing the Agency’s interpretation of discrete issues under the Fair Labor Standards Act. The Obama administration had suspended the longstanding practice nearly a decade ago. Two of the opinion letters issued on April
In a 5-4 decision, the Supreme Court on Monday held in Encino Motorcars, LLC v. Navarro, et al., that current and former service advisors in a car dealership were not entitled to overtime under the Fair Labor Standards Act. The Court ruled that the service advisors were exempt from overtime under 29 U.S.C. §2113(b)(10)(A),