With the confirmation of Marty Walsh as the new secretary of the U.S. Department of Labor (DOL), employers shouldn’t be surprised to see a more proemployee climate on the federal level.
Temporary staffing firms may qualify as “retail or service establishments” and therefore may be able to apply the Fair Labor Standards Act’s (FLSA) “retail sales” overtime exemption to some of their employees, according to a recent opinion letter from the U.S. Department of Labor (DOL).
Courts again recently thwarted the Trump administration’s efforts to change the H-1B rules and increase the wages U.S. employers are required to pay to foreign workers. Twice in December 2020, a federal court order in California and a preliminary injunction in New Jersey stalled abrupt rule changes that would have dramatically altered the H-1B program […]
President-elect Joe Biden’s pick for secretary of the U.S. Department of Labor (DOL) is a traditional Democrat likely to push a pro-union agenda and a leader who will be eager to put in place pandemic-related safety measures, according to attorneys who advise employers.
The U.S. Department of Labor (DOL) recently answered frequently asked questions about employee training. Chiefly, when is the time compensable? Information contained in a recent DOL opinion letter is particularly important for industries such as health care in which the need for continuing education credits is common.
The announcement of a new final rule addressing when workers can legally be classified as independent contractors emphasizes the U.S. Department of Labor’s (DOL) intent to bring clarity to the issue, but with a change in administration near, the future of the rule is up in the air.
Aside from the personal and professional challenges 2020 presented (the COVID-19 pandemic, government shutdown orders, concerns about keeping employees safe, layoffs, remote working, homeschooling, and navigating the unknown), what stands out most to me in my practice—and had the biggest impact on my clients—was the U.S. Department of Labor’s (DOL) continued uncompromising pursuit of investigations […]
Have you noticed how much notice issues regarding federal continuation coverage seem to be cropping up everywhere—such as in the news, the courts, and the administrative agencies? Well, the latest matter involves part of the regular evaluation of paperwork requirements conducted by the Internal Revenue Service (IRS).
After a long day, an employment lawyer has just settled his brain for a brief winter’s nap. Suddenly, he hears from his waiting room such a clatter that he rose from his adjustable ergonomic office chair to see what was the matter. As he throws open the door, he sees a plump old elf, who […]
The U.S. Department of Labor (DOL) continues to issue new COVID-19 guidance. Here is a roundup of recent guidelines related to the coronavirus and the Families First Coronavirus Response Act (FFCRA), the Family and Medical Leave Act (FMLA), and the Fair Labor Standards Act (FLSA).