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Showing 15 posts tagged Department of Labor.
ALERT – Federal Court Blocks Overtime Rule
The impending change to federal overtime regulations has been put on hold by the U.S. District Court in the Eastern District of Texas. The court granted a nationwide preliminary injunction against the Department of Labor’s implementation of the rule, as the rule faces challenges from 21 states. More >
ALERT – DOL Issues Final Overtime Rule
The Department of Labor (“DOL”) issued the long-awaited Final Rule on overtime exemptions on Wednesday, May 18, 2016, providing hard numbers and a plan for incremental increases to the “white collar” salary exemption. More >
DOL Quietly Moves to ‘All Liquidated Damages, All the Time’ Footing
The Fair Labor Standards Act (“FLSA”) has always provided for liquidated damages for violations, but in the past, the Wage and Hour Division (“WHD”) generally pursued the liquidated damages only when forced to litigate. Liquidated damages are effectively punitive in nature and amount to the full amount of back wages, doubling the hit to employers who find themselves in such a predicament. In recent years, however, the WHD has steadily increased the frequency with which it assesses these damages, which proves to be double the burden on employers. More >
New Overtime Rules May Be Here Sooner than Expected
The timeline for adoption of the Final Rule of proposed changes to the white collar overtime exemption has been hard to pin down. In early November of 2015, Solicitor of Labor M. Patricia Smith, during a panel discussion at the American Bar Association’s Labor and Employment Law Conference in Philadelphia, mentioned that the proposed changes would not be issued until late 2016, leading many to believe that they would not take effect until 2017. Later that month, the Department of Labor (“DOL”) Wage and Hour Division estimated that the rule would be published in July 2016, not quite as late as earlier implied. Then, Labor Secretary Thomas Perez stated in December in an interview with Bloomberg BNA that it seemed likely to him that the new rule would be out by spring of 2016. In February of 2016, Smith reiterated the Wage and Hour Division’s projected timeline of a July 2016 publication with an effective date 60 days later. On March 14th, 2016, the Department of Labor made the surprising move of sending its overtime rule to the White House Office of Management and Budget (“OMB”), which means that all bets are off and the rule may here sooner than predicted. More >
Federal Contractors: Proposed Sick Leave Regulations May Leave You Feeling Sick
As a further push in the Obama Administration’s “Lead on Leave” initiative, the Department of Labor (“DOL”) issued proposed regulations on February 25th that would implement Executive Order 13706, requiring federal contractors to provide up to 56 hours of annual paid sick leave to employees. These regulations are far-reaching in scope, covering not just the amount of paid sick leave, but also when the leave can be used, whether unused leave carries over to the next year, how employees request the leave and which employees are eligible. These regulations will affect employers that enter into contracts with the federal government beginning January 1, 2017, therefore government contractors (and prospective government contractors) should begin now to understand these regulations and how their workforce will be affected. More >
