Changes in Labor Law Continue Under the Pro-Worker Biden Administration

President Biden has delivered on the promise he made during his presidential campaign for more employment protections for workers. This presidential transition has brought about significant changes to the composition and leadership of federal agencies, including the National Labor Relations Board (NLRB) and the Department of Labor (DOL). The NLRB now consists of a Democratic…

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Su Moving Toward Confirmation

Notwithstanding the challenges that such a new joint employer definition will bring to the broader business community, the Senate appears to be moving closer to a confirmation vote for Julie Su. Currently the secretary of labor for the state of California, Su was nominated by President Biden to the position of Deputy Secretary of Labor…

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OT Threshold to Rise Again?

In testimony last week before the House Education and Labor Committee, in response to a specific question from California Representative Mark Takano, Labor Secretary Marty Walsh asserted that the current minimum salary is definitely too low. He advised the committee that the Department of Labor (DOL) is currently reviewing the Final Overtime Rule currently in…

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DOL Ends Employer Self Reporting Program

Last week, the Department of Labor (DOL) announced that it had ended the employer self-reporting wage and hour program that was implemented by the Trump administration. The Payroll Audit Independent Determination program (PAID), which was launched in 2018, allowed employers to self-report potential wage and hour violations under the Fair Labor Standards Act (FLSA) and…

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EEOC Approves MOU with Justice and Labor

The Equal Employment Opportunity Commission (EEOC) formally authorized entering into a Memorandum of Understanding (MOU) with other agencies to improve collaboration and enforcement of federal labor laws. The full complement of 5 EEOC Commissioners (3 republican & 2 democrat members) met publicly, albeit virtually, for the first time in quite a while to discuss and…

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DOL Submits Fluctuating Workweek Rule

The US Department of Labor (DOL) last week submitted a proposal to the White House Office of management and Budget (OMB) that would alter how employers must calculate overtime for certain employees. Under the Fair Labor Standards Act, overtime-eligible employees must be paid time and a half for any hours over 40 in a workweek.…

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Labor Amnesty Program Starts Tuesday

The Department of Labor’s new amnesty program for companies that owe back wages becomes effective next Tuesday, April 3. The Payroll Audit Independent Determination (PAID) program allows employers to self-report wage and hour violations without legal consequences so long as they are not prior offenders and they pay affected workers the full back pay owed.…

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Senate Confirms 3 To DOL

While DOL considers comments submitted about a potential change in the tip pooling rule, the department welcomed three new executive level employees to their shop as the full Senate gave formal confirmation to three Trump appointees to the DOL.  Last week, the Senate confirmed the nominations of Kate S. O’Scannlain, from Maryland, to be Solicitor…

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Senate Hears NLRB Nominees

Just one day after the aforementioned joint-employer hearing, the US Senate Committee on Health Education Labor and Pensions took their turn. Yesterday, the Committee formally considered the nomination of two individuals put forward by President Trump to fill the final two empty seats on the National Labor Relations Board. Nominees Marvin Kaplan, a counselor at…

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OT Advocates Look To States

With the Department of Labor overtime rule having suffered a somewhat similar fate (enjoined nationally by the federal court) as did the persuader rule discussed above, advocates for the policy of more than doubling the overtime threshold are now casting their eyes on state governments. As new legislative sessions get underway, democratic lawmakers in a…

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