SimplyHR | Employment & Labor Blog 

Taking a page from the fiduciary rule playbook, today the U.S. Department of Labor (DOL) proposed a 90-day delay of the implementation of the amended ERISA claims procedure rule for employer-sponsored disability plans (“Final Rule”). The Final Rule was scheduled to take effect for ERISA disability benefits claims on January 1, 2018. The proposed delay would postpone the Final Rule’s application to April 1, 2018, giving the DOL time to decide whether to amend, modify or rescind the Final Rule.

A Texas district court judge struck down the Obama administration’s overtime rule on Aug. 31, 2017, finding that the Department of Labor (DOL) had exceeded its authority in adopting a new salary threshold that would have entitled an estimated 4.2 million workers to overtime compensation.

The U.S. Department of Labor (DOL) published a request for information (RFI) in late July seeking comments, data, ideas and information on an appropriate salary level for exempt employees under the Fair Labor Standards Act (FLSA).

On June 7, 2017, the U.S. Department of Labor (DOL) announced the withdrawal of two Obama-era guidance letters that provided guidance on joint employer and independent contractor classifications. The withdrawal of these two guidance documents marks a step toward more flexibility for employers.

With a new year and a new presidential administration, the restroom access debate is a hot topic again.

On Feb. 22, 2017, the Trump administration withdrew the Obama-era directive to public schools that instructed schools to permit transgender students access to restrooms and locker rooms that correspond with their expressed gender identity or risk violating Title IX’s prohibition on sex discrimination. The Trump administration clarified that its action in rescinding President Obama’s guidance was not an attack on the LGBTQ community, but an action taken on the premise that this is a state’s rights issue. Education Secretary Betsy DeVos explained in a statement: “We have a responsibility to protect every student in America and ensure that they have the freedom to learn and thrive in a safe and trusted environment…This is an issue best solved at the state and local level. Schools, communities, and families can find — and in many cases have found — solutions that protect all students.”

Last week, 60 business groups and four states joined the fight against the Department of Labor’s new overtime rule by filing amicus briefs in the Fifth Circuit asking the court to uphold the district court’s injunction blocking the rule from taking effect.

2016 was a busy year for employment law developments on a national level, and 2017 promises to follow suit. To help employers navigate the changes, here is a summary of major developments that may affect your business this year.

The uncertainty brewing over whether the U.S. Department of Labor’s new overtime rule would actually go into effect on Dec. 1, 2016, came to a halt on the afternoon of Nov. 22 when a Texas federal judge entered a nationwide injunction blocking the DOL from implementing its rule expanding overtime protections. 

A federal judge’s decision to block the U.S. Department of Labor (DOL) from enforcing its new persuader rule means employers may continue hiring legal counsel on unionization issues without facing an argument from the DOL that fees paid to legal counsel must be publicly disclosed.

As employers are all aware, the U.S. Department of Labor (DOL)’s new overtime rules are set to take effect Dec. 1, 2016. The rule, projected to cover some 4.2 million workers, will raise the minimum salary threshold for overtime exemption 101 percent from its current rate of $455 per week to $913 per week.