DOL Invites Input on Overtime

The Department of Labor under new Secretary Alex Acosta is inviting comments from businesses and other groups and individuals on the issue of the department overtime rule. Under the previous administration, the overtime threshold was more than doubled to $47,476, but enjoined by the court in November. Earlier this week, DOL sent a Request for…

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DOL Dumps Joint Employer Rule

It didn’t take new Secretary of Labor Alex Acosta too long to determine that the expanded definition of joint-employer by the Obama-era Labor Department (DOL) was a dramatic overreach and to fix it. Earlier this week, Acosta announced that the DOL had withdrawn the joint employer guideline. Recall back in 2015 that David Weil, DOL…

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Persuader Rule Burial Likely Next Week

Notwithstanding that the Obama-era “persuader rule” never actually took effect, permanently enjoined by the courts right before it kicked in, it should die for good next week. Legal challenges to the rule, a union-friendly mandate that significantly increased the disclosure requirement on employers when fighting union representation efforts, are technically still alive for a few…

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DOL Prepares Rescission of Persuader Rule

It never even went into effect because implementation was permanently enjoined by the federal court in Texas, but the Obama administration’s so-called persuader rule is well on the way to being completely and formally erased by the Department of Labor. Recall that the persuader rule imposed strict reporting measures on employers when they were dealing…

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SCOTUS To Decide Tip Pooling Issue

It has been a point of contention – and a source of great income for some in the plaintiff’s bar – for the past several years, but the validity and breadth of tip pooling in the restaurant industry will finally be decided when the Supreme Court (SCOTUS) hears the question this fall. In yet another…

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And Not A Moment Too Soon

At long last, there is a new Secretary of Labor and a full Cabinet for President Trump as Alex Acosta was finally confirmed to the post by the US Senate a full 98 days into the Trump administration. Acosta, who was nominated by President Trump after his first choice, Andy Puzder, withdrew from consideration after…

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No Acosta Vote Before Recess

Congress recessed last week without taking a vote on the nomination of Trump Labor Secretary-nominee Alex Acosta, so we are still without a Secretary of Labor. The latest projections are that a confirmation vote on the Acosta nomination will not happen before the last week of April. In the interim, the Department of Labor has…

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That Most Elusive Hearing

When Andy Puzder was the Labor Secretary nominee, his confirmation hearing was scheduled, postponed and rescheduled no fewer than 5 times before he withdrew from consideration on February 15 – without a hearing ever taking place!. With current nominee Alex Acosta, confirmed for other posts by the Senate on 3 different occasions, most believed it…

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Calmer Seas for Acosta

For the past few months, we’ve reported regularly on the ups and downs of former Trump Labor Secretary nominee Andy Puzder and the ultimately successful effort to derail his appointment. Early indications are that the new nominee for the business-critical post, Alexander Acosta, (here is a story on his time on the National Labor Relations…

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Justice Wins Delay in OT Appeal

Touted as a major accomplishment of the Obama administration, the new overtime rule was permanently enjoined by a Texas court, a decision that was promptly appealed by the Department of Justice under President Obama. Now, with President Trump in the White House, the likelihood of that appeal continuing is seriously diminished.  In fact, just this…

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