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Posts tagged 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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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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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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By Katherine Fechte on November 12, 2018 at 3:50 PM

Restaurant bill with tip moneyOn Nov. 8, 2018, the Department of Labor (DOL) issued an Opinion Letter reviving its 2009 guidance that eliminated the 80/20 rule for tipped workers. The rule prohibited employers and businesses from paying tipped workers below the minimum wage by way of a tip credit for non-tipped work when such work comprised more than 20 percent of their day. Under the Obama administration, the 2009 Opinion Letter was withdrawn, which restored the 80/20 rule and sparked a flurry of lawsuits alleging that tipped workers spend more than 20 percent of their time performing non-tipped work for which they did not receive the minimum wage. After finding the rule was confusing and nearly unworkable, the DOL has done away with it once again.

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By Katherine Fechte, Lauren Daming, Lauren Harris, Camille Toney, Audrie Howard on February 8, 2018 at 2:50 PM

"2017" and "2018" written on metal wheelsThe federal employment law landscape saw some interesting developments in 2017, as well as some anticipated changes that were ultimately halted or delayed. Below is a summary of major federal employment law headlines and a look at what employers can expect in 2018.

For Missouri and Illinois employers specifically, a review of 2017 updates and a look forward at 2018 can be found here.

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By Lauren Harris on January 26, 2018 at 1:38 PM

Female intern carrying coffees in a hallwayThe U.S. Department of Labor (DOL) this month issued its revised Fact Sheet #71 on “Internship Programs Under the Fair Labor Standards Act” outlining that the agency will rely on the court-approved “primary beneficiary test” to determine whether an intern should be considered an employee under the Fair Labor Standards Act (FLSA). 

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