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…

Read More »

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…

Read More »

Trump Labor Department Will Take Close Look

The now-enjoined new overtime regulation may not be the only rule with which the Trump administration takes a different view than Obama officials did.  In a video message released on Monday, President-elect Donald Trump said he will “direct the Department of Labor to investigate all abuses of visa programs that undercut the American worker.”  It…

Read More »

“If It Wasn’t for Texas!”

No, I’m not singing the George Straight country song, rather I’m reporting that the federal court in Texas has permanently enjoined the Obama administration from implementing its new persuader rule.  Recall that the so-called “persuader rule”, finalized by the Department of Labor back in March of this year, required law firms and any other consultants…

Read More »

CBO Blasts DOL Overtime Rule

The bipartisan Congressional Budget Office (CBO) this week took aim at another Obama Administration regulatory scheme in a report released earlier this week.  The Economic Effects of Canceling Scheduled Changes to Overtime Regulations, released by the CBO November 14, confirmed that canceling the new overtime regulation would result in lower employers’ payroll and compliance costs…

Read More »

DOL Prepares for New Overtime Rule

The DOL new overtime rule has been enjoined by a federal court in Texas pending final disposition of 2 distinct legal challenges – one brought by 21 states and the other filed by a number of business (the two cases have since been consolidated in State of Nevada v U.S. Department of Labor).  Notwithstanding that…

Read More »

New Federal Rules Mandate Overtime Pay for More Employees Congressional Challenge Unlikely to Delay Rules

Last month the U.S. Department of Labor Wage and Hour Division (US DOL) issued its much anticipated final regulations that substantially increase the minimum salary required to qualify for exemption to the minimum wage and overtime requirements of the Fair Labor Standards Act of 1938 (FLSA). An effort by Republican congressional lawmakers to challenge the rule…

Read More »

Court Enjoins “Persuader Rule”

In a major defeat for the Department of Labor (DOL) and its organized labor allies, a U.S. District Court in Texas has issued a nationwide injunction on the DOL’s so-called “persuader rule”.  The injunction prevents DOL from implementing any and all aspects of the rule pending a ruling by the U.S. Court of Appeals for…

Read More »

DOL Issues Still in the News

They may not be garnering as much interest as who’s using which bathroom, but a couple of noted controversial rulings by the Department of Labor continue to be very much in the forefront.  On the somewhat positive side of the ledger, DOL’s new overtime threshold, which had previously been projected to equate to $50,440 is…

Read More »

DOL Persuader Rule Now In Effect

Although there are still challenges in play to the Department of Labor Persuader Rule, the new regulation went into effect this past Monday, April 25.  Notwithstanding, the DOL states the rule is only applicable to arrangements and agreements made on or after July 1, 2016 and to payments made pursuant to arrangement and agreements entered…

Read More »