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Posts in Department of Labor (DOL).
By Scott Cruz on September 14, 2020 at 10:00 AM

On September 11, 2020, the U.S. Department of Labor (DOL) issued revised FFCRA regulations that clarify workers’ rights and employers’ responsibilities under the FFCRA’s paid leave provisions, specifically the Emergency Paid Sick Leave Act (EPSL) and Emergency Family and Medical Leave Expansion Act (EFMLEA). 

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By T. Christopher Bailey, Scott Cruz on July 30, 2020 at 9:00 AM

As the COVID-19 pandemic continues, employers find themselves facing new challenges. Recognizing that the “new norm” has led to workplace circumstances not previously considered, the U.S. Department of Labor issued new guidance to address several wage and hour and leave-related scenarios employers may face. Highlights from the new guidance include:

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By Jill Luft on May 21, 2020 at 11:00 AM

The U.S. Department of Labor has issued revised enforcement guidance addressing when an employee’s COVID-19 diagnosis is a recordable illness on the OSHA Form 300 under OSHA’s recordkeeping requirements. (See Revised Enforcement Guidance for Recording Cases of Coronavirus Disease (COVID-19), May 19, 2020.) Effective May 26, 2020, all covered employers[1] are responsible for recording cases of COVID-19 if it the case is confirmed to be COVID-19, is work-related, and involves one or more of OSHA’s general recording criteria (e.g. the illness results in the employee’s death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness, or the employee has a significant illness diagnosed by a licensed health care professional).

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By Amy Blaisdell on May 19, 2020 at 11:00 AM EST

Phase I of reopening St. Louis City and St. Louis County began May 18. Both St. Louis City and County have general and business-specific operating standards for certain businesses to reopen or continue operating, while others will remain closed for now. St. Louis City Order No. 8 and Phase I Reopening Standards and Guidance Established by Order No. 8 are available here. St. Louis County’s COVID-19 Safe Operating Protocols are available here.

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May 11, 2020 at 12:00 PM

With its latest Q&A set, the U.S. Department of Labor issued additional guidance on calculating paid leave and computing employees’ regular rate of compensation, and it also clarified issues arising from prior Q&As. It is a particularly good time to review the guidance, as the DOL announced the end of its non-enforcement period of the paid leave provisions under the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA).

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By Katherine Fechte, Lauren Daming on January 22, 2020 at 10:15 AM

2020 review concept. Hand flip wood cube change year 2019 to 2020 and the word REVIEW on wooden block on wood tableThe theme for last year’s federal developments was reversal of Obama-era rules. The Department of Labor and National Labor Relations Board were especially active in this respect.

After a relatively quiet Supreme Court term for employment law in 2018-19, the stage is set for the court to rule in 2020 on highly anticipated topics. Below is a summary of major federal employment law headlines from last year and a look at what employers can expect in 2020.

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By Lauren Daming on September 24, 2019 at 3:00 PM

The word overtime is highlightedThe Department of Labor (DOL) announced its Final Rule updating the exemption threshold under the Fair Labor Standards Act (FLSA) on Sept. 24, 2019. The Final Rule raises the standard salary level threshold for “white collar” employees from the $23,660 minimum established in 2004 to $35,568, or $684 per week. Employees earning less than $35,568 a year must be paid overtime for hours worked in excess of 40 each week. Above this salary level, eligibility for overtime varies based on job duties.

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June 11, 2019 at 9:40 AM

The word "update" spelled out with wooden blocksSince June 2010, contractors and subcontractors with contracts that result from federal agency solicitations issued on or after June 21, 2010, have been required to display the Department of Labor (DOL) poster notifying employees of their rights under the National Labor Relations Act (NLRA). On May 16, 2019, the DOL made the following updates to this employer-required poster:

  1. a new telephone number for the National Labor Relations Board; and
  2. new contact information for individuals who are deaf or hard of hearing.
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By Lauren Harris on April 4, 2019 at 9:20 AM

Three links of a chain, with the middle one being blue and the left and right one being silverOn April 1, 2019, the U.S. Department of Labor (DOL) offered a simplified test in a Notice of Proposed Rulemaking to determine whether two entities should be considered joint employers under the Fair Labor Standards Act (FLSA). The FLSA provides that two entities can be jointly and severally responsible for an employee’s wages, and thus the potential FLSA violations of either entity, if they function as joint employers. The notice sets out that the employment relationship should be determined based on a balance of four factors, specifically, whether a potential joint employer actually exercises the power to:

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By Katherine Fechte on March 8, 2019 at 2:20 PM

Clock with the shadow of a dollar sign, representing overtimeThe Department of Labor (DOL) issued its long-awaited proposed overtime rule and new exemption threshold under the Fair Labor Standards Act (FLSA) on March 7, 2019. The regulation, which replaces the controversial rule issued under the Obama administration in 2016, raises the salary threshold from the $23,660 minimum established in 2004 to $35,308, or $679 per week. As such, employees earning under $35,308 a year must be paid overtime for hours worked in excess of 40 each week. Above this salary level, eligibility for overtime varies based on job duties.

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