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Posts in Department of Labor (DOL).
By Audrie Howard on November 17, 2016 at 3:48 PM

time and clocksAs 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.

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By Katherine Fechte on September 29, 2016 at 11:54 AM

Businessman calling timeoutWith the Dec. 1, 2016, deadline for the Department of Labor (DOL) Final Overtime Rule approaching, employers across the country are urgently working to implement new compensation and classification practices. But recently, the DOL has been facing much criticism and resistance, as evidenced by a duo of federal lawsuits filed last week and a House vote to delay the rule’s implementation.

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By Katherine Fechte on September 22, 2016 at 9:30 AM

States involved in DOL lawsuitTwenty-one states have filed suit against the federal government seeking a preliminary and permanent injunction to block the Department of Labor’s new overtime rule and declare it unlawful.

In the 30-page complaint filed Sept. 20, 2016, the states allege that the Obama administration is trying to impose heavy costs and its own policy initiatives, in violation of the 10th Amendment to the Constitution. On March 13, 2014, President Barack Obama ordered the DOL to revise the Fair Labor Standards Act’s overtime exemption to account for the federal minimum wage. The DOL complied and released its final rule on May 18, 2016. 

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By Lauren Daming on May 18, 2016 at 1:52 PM

On May 18, 2016, the U.S. Department of Labor (DOL) released the final rule updating the regulations defining and limiting “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA). These rules apply to workers who fall under the executive, administrative, or professional exemptions from the FLSA’s minimum wage and overtime protections. The rule will go into effect December 1, 2016, giving employers over six months to adjust.

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By Katherine Fechte on May 16, 2016 at 3:42 PM

It is no secret that the U.S. Department of Labor is expected to release the final rules related to the Fair Labor Standards Act (FLSA) soon — possibly sometime this month. The rules, which could make millions of more employees eligible for overtime, may also make compliance more difficult for employers and business leaders in their classification of employees.

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By Amy Blaisdell, Lauren Daming on July 15, 2015 at 6:00 PM

Contractors DatabaseThe U.S. Department of Labor (DOL) on Wednesday aimed to clarify the test it uses to determine whether workers are classified as employees or independent contractors for purposes of the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA).

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By Amy Blaisdell, Audrie Howard on June 30, 2015 at 4:36 PM

Employers called to submit comments in next 60 days

Time - money. Business concept.After months of internal debates and conferences, the U.S. Department of Labor (DOL) released the long-anticipated proposed overtime rule today. If implemented, the proposed rule will significantly expand overtime pay for Americans under the Fair Labor Standards Act (FLSA).

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By Amy Blaisdell on October 13, 2014 at 3:52 PM

j0399041In the last few months, several court decisions have found large classes of workers to be improperly classified as independent contractors rather than employees. These class action cases are filed in federal and state courts throughout the country seeking the payment of minimum wage, overtime, penalties, attorneys’ fees, employee benefits and expenses, among other damages. Although FedEx Ground Package System, Inc. has been at the heart of several recent decisions, the issue is not isolated to FedEx nor to delivery drivers. Rather, a survey of recent cases and agency actions makes it clear that the judiciary, Internal Revenue Service, United States Department of Labor, and state agencies are all looking with exacting scrutiny at independent contractor relationships and are erring on the side of finding workers to be employees. Consequently, all companies that use independent contractors – regardless of their size – should think about the impact of the emerging cases on their workforces.

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By Marcus Wilbers on June 26, 2014 at 2:18 PM

Same Sex MarriageLast week, the United States Department of Labor (“DOL”) announced a proposed rule that would extend the Family and Medical Leave Act (“FMLA”) to provide spousal leave to employees in same-sex marriages. The proposed rule is currently open for comment and will not become final for some time.

Currently, FMLA allows eligible employees of covered employers to take unpaid leave (or use paid leave concurrently) for up to 12 weeks in a 12 month period to care for the employee’s spouse with a serious health condition. Currently, FMLA defines “spouse” as “a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized.” 29 C.F.R. § 825.122(b).

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By Employment & Labor Practice Group on October 9, 2013 at 8:38 AM

EmployeeBenefitsThis summer, the United States Supreme Court ruled in United States v. Windsor that the Defense of Marriage Act (“DOMA”), the law that defined “marriage” as a union between one man and one woman for purposes of federal law, was unconstitutional. The effect of the ruling is that married same-sex couples would become eligible for certain federal spousal benefits that were denied to them under DOMA. In the wake of Windsor, employers have been awaiting guidance from federal agencies as to what DOMA’s downfall means for administering employee benefit plans. We had previously written a blog post about this uncertainty; however, the Department of Labor (“DOL”) recently issued the awaited guidance to help employers comply with Windsor’s ruling.

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