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Showing 27 posts in Department of Labor ("DOL").

Department of Labor Issues Guidance for Employers – Paid Leave Provisions Take Effect April 1st

Posted In Coronavirus, Department of Labor ("DOL"), Employment Law

On March 24th, the Department of Labor (DOL) issued guidance for employers and employees as to how they will be affected by the Families First Coronavirus Response Act (FFCRA) when it takes effect on April 1, 2020. The guidance came in the form of an introductory statement, a fact sheet for employers, a fact sheet for employees, and a Q&A sheet that covers a wide variety of situations.   More >

UPDATE – IRS, Department of Labor, and Treasury Outline Workings of Paid Leave Tax Credits

Posted In Department of Labor ("DOL"), IRS, Treasury

The Department of Labor, IRS and Treasury Department have released a joint notice outlining how employers may utilize tax credits to provide mandated paid leave under the Families First Coronavirus Response Act signed into law on March 18th. The paid leave provisions have been discussed in our summary of the new law here, and these three agencies have now provided a glimpse of the road map for employers to cover the costs of paid leave. While the actual guidance is slated to be issued this week, the notice included information about how these provisions will operate: More >

ALERT: NEW E-DELIVERY RULES FOR ERISA PENSION PLANS ON THE HORIZON

Posted In Department of Labor ("DOL"), ERISA

In October, the U.S. Department of Labor (DOL) published a proposed rule that encourages electronic delivery of ERISA-required plan disclosures. It allows plan administrators to post disclosures online to cut costs of paper delivery and is a voluntary safe harbor that plans can use to make documents accessible on a website instead of mailing paper documents. More >

Alert: Department of Labor Releases Final Rule on Overtime; Salary Threshold Raised

Posted In Department of Labor ("DOL"), Overtime, Salary Theshold

On Tuesday, September 24, 2019, the Department of Labor (“DOL”) issued a Final Rule that raises the salary threshold for exemption from overtime pay to $35,568 per year. This rule was proposed in March of 2019, and it appears that the Final Rule is substantially similar. This Final Rule follows years of uncertainty after an overtime overhaul put in place under the Obama administration was held up in the courts and ultimately scrapped. More >

ALERT: Chad C. Brown, Inc. and Horse Trainer Chad Brown must pay $1.6M in Department of Labor Wage and Hour Violations Investigation

Posted In Department of Labor ("DOL"), Employment Law

In a development that should make every horse operation in Kentucky stand up and take notice, trainer Chad Brown will pay $1.6 million to cover back wages, liquidated damages and civil penalties for what the Department of Labor (“DOL”) considers to be willful violations of the Fair Labor Standards Act (“FLSA”) and the H-2B non-immigrant visa program. More >

Overtime Law Update – One Rule Stalled, One Law Gaining Momentum

Posted In Department of Labor ("DOL"), Employment Law

In 2015 and 2016, the Obama administration’s Department of Labor (“DOL”) released proposed and final rules that were set to dramatically change the face of overtime exemptions by raising the threshold salary requirement to around $47,500.  The Final Rule became effective as of December 1st, 2016, but several contemporaneous events have worked to upend the new regulation, and changes are afoot even now with respect to overtime. It’s time to take a quick look at the status of overtime regulations. More >

New FMLA Forms Address GINA Safe Harbor

The Department of Labor (“DOL”) recently revised and updated the template forms that the agency issues for use in Family and Medical Leave Act (“FMLA”) notice and certification. Some of these new forms have received substantial revision, and all have been approved through the end of May 2018. The most notable change, however, may be that certain new forms related to medical certification (WH-380-E, WH-380-F, WH-385 and WH-385-V) address Genetic Information Nondiscrimination Act (“GINA”) “safe harbor” language. More >

Rethinking the 24/7 Response

Posted In Department of Labor ("DOL"), Overtime Pay, Wage and Hour

Always connected. Always available. Always responsive. In an era where personal electronic devices have become more of a technological appendage than merely a handy gadget, a growing number of employers are grappling with the question of how well-connected their employees should be. Employers certainly benefit from the ability of employees to be available at all times and through instantaneous connection. The instant problem is the way in which this constant connectivity begins to warp the work-life balance. Should employees respond to employment-related emails after hours? Should they text back to the boss in the evenings to respond to work inquiries? Should employers expect employees to be responsive around the clock? Some employers are beginning to change their expectations for employee responsiveness after hours, and possibly just in time to stave off impending wage and hour law implications. More >

Obama Orders Paid Sick Leave for Federal Contractors

Posted In Department of Labor ("DOL"), Paid Time Off ("PTO"), Sick Employees

On Labor Day, appropriately enough, President Obama issued an executive order establishing up to seven days of paid sick leave for employees of federal contractors and subcontractors. The order was drafted and proposed in early August and issued on September 7th, capping off the White House’s push of its “Lead on Leave” initiative. More >

Second Circuit: An Internship is an Internship

Posted In Department of Labor ("DOL")

Recipients of the benefits of unpaid intern labor everywhere recoiled in horror in June of 2013 when a Federal District Court Judge in Manhattan held that unpaid interns on the set of the film “Black Swan” were protected by minimum wage and other employment laws. Since then, employers have been looking at that college kid earning “valuable work experience” by bringing them their coffee with a wary eye. Fret not, employers, for the Second Circuit has overturned the results in the “Black Swan” case (better known as Glatt, et al. v. Fox Searchlight Pictures, Inc.) while simultaneously rejecting a Department of Labor test for unpaid internships in a deft display of legal agility and coordination that can only be described as “balletic”. More >

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