Tag Archives: Department of Labor (DOL)

DOL stops enforcing Executive Order 13950 on diversity training

The Biden administration issued new guidance immediately following his Jan. 20 inauguration abrogating former U.S. President Trump’s Executive Order 13950 on Combating Race and Sex Stereotyping (the Order). Implementation of EO 13950 had previously been stayed by a preliminary nationwide injunction entered Dec. 22, 2020, in California federal court. As a result, federal contractors or … Continue Reading

Are your sales employees exempt? DOL provides guidance in three new opinion letters

The Department of Labor’s (DOL’s) Wage and Hour Division recently issued three new opinion letters addressing the Fair Labor Standards Act’s (FLSA’s) sales exemptions. Two letters address the outside sales exemption, and the third addresses the retail or service establishment exemption. FLSA2020-6: Do salespeople who travel to different locations to sell their employers’ products using … Continue Reading

DOL issues updated FFCRA notice poster

Today the Department of Labor (DOL) updated the required poster that employers subject to the Families First Coronavirus Response Act (those with fewer than 500 employees) must place on their premises to satisfy their employees of the rights requirement under the Act. The update corrects the 10 weeks of paid sick leave under the Family … Continue Reading

DOL issues FFCRA notice poster

Yesterday the Department of Labor (DOL) issued the required poster that employers subject the Families First Coronavirus Response Act (those with fewer than 500 employees) must place on their premises to satisfy the employees of rights requirement under the Act. Since a vast majority of employees are now working remotely, the DOL has advised that … Continue Reading

DOL’s Overtime Rule Invalidated

Recently, a Texas federal judge struck down an Obama administration Department of Labor rule that doubled the salary employees must make to be considered exempt from overtime pay.  The rule’s invalidation should provide immediate relief to employers concerned about additional overtime pay, or increased salaries that the Obama administration’s overtime rule would have required. In … Continue Reading

DOL Seeks to Expand the Definition of Illegal Discrimination

We round out our series on recent federal agency action by discussing the U.S. Department of Labor’s (DOL) recent Notice of Proposed Rulemaking for the Workforce Innovation and Opportunity Act (WIOA). The Proposed Rules would update existing nondiscrimination and equal opportunity provisions of the WIOA, which is the DOL’s primary mechanism for providing job training funding. … Continue Reading

DOL Issues New Guidelines on Joint Employment

The past few weeks have brought us a flurry of activity from federal agencies poised to re-shape the employment landscape, from upending traditional notions of the employment relationship to re-defining what it means to engage in unlawful retaliation. Now, as the dust settles, we will take a look at each of these administrative actions in … Continue Reading

Pennsylvania Requires Court Approval for Enforcement of Wage/Hour Settlements Under FLSA

As previously reported, the Fifth Circuit recently enforced a private settlement of certain FLSA claims. More recently, however, Judge Christopher Conner of the U.S. District Court for the Middle District of Pennsylvania reached the opposite conclusion and agreed with the majority view of courts that unsupervised FLSA settlements are not enforceable.… Continue Reading

Fifth Circuit Approves Private Settlement of FLSA Claim

Recently, the Fifth Circuit created a crack in a thirty-year old doctrine, based on the Eleventh Circuit’s Lynn’s Food Stores, Inc. v. United States decision and followed by nearly all federal courts, that wage and hour claims brought by individuals under the Fair Labor Standards Act (“FLSA”) can be settled only with the signoff of … Continue Reading

H-2B Visas May Be a Heavy Burden for Employer’s Wallets

On Monday, August 20, a federal judge in Philadelphia upheld the Department of Labor ("DOL") rule setting minimum wage requirements for foreign workers holding H-2B visas. The proposed rule has drawn much attention, and criticism, because it potentially will cost $874,000,000 or more per year in increased labor costs for employers with H-2B visa holders. … Continue Reading

Close Counts in Horseshoes, Hand Grenades and Sales: Supreme Court Holds Pharmaceutical Representatives Exempt Under FLSA

On June 18, 2012, the U.S. Supreme Court resolved a split among the U.S. Circuit Courts of Appeals, holding that pharmaceutical sales representatives are exempt outside sales employees under the Fair Labor Standards Act (“FLSA”). Thus, such employees are not entitled to overtime protection.… Continue Reading

New Mandatory Posting Required for Distribution by New Jersey Employers

The NJ DOL has published the new mandatory notice that, by December 7, 2011, must be posted in a conspicuous location and distributed to all existing employees who work in New Jersey. In addition, ALL new employees hired in New Jersey on November 7, 2011 or after must be immediately provided with a copy of … Continue Reading

U.S. Department of Labor Issues Guidance on Requirement That Employers Provide Nursing Mothers With Breaks and Places To Express Breast Milk

This post was also written by Daniel J. Moore. A little-noticed provision of the 2010 health care reform legislation requires employers to provide nursing mothers with “reasonable break time” to express breast milk for one year after a child’s birth.  Section 4207 of the Patient Protection and Affordable Care Act (P.L. 111-148), 29 U.S.C. § 207(r)(1) … Continue Reading

U.S. Department of Labor Says Mortgage Loan Officers Are Typically Non-Exempt

This post was also written by Robert M. Jaworski. The United States Department of Labor (“DOL”), Wage and Hour Division, recently published an Administrator’s Interpretation that takes the position that mortgage loan officers with certain “typical” job duties are not subject to the administrative employee exemption of the Fair Labor Standards Act. The DOL reasoned that … Continue Reading
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