DOL Delays New Tip Pooling Rule

Call it the “Final Rule” that isn’t, as the Department of Labor has now delayed the implementation of its Final Rule on tip pooling under the Fair Labor Standards Act (FLSA). The Tip Regulations Final Rule was just finalized in late December and was set to become effective on March 1, 2021. However, in one…

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Biden Nominates California’s Su for #2 DOL Post

Last week, we reported on the US Senate confirmation hearing for Boston Mayor – Secretary of Labor nominee – Marty Walsh. Well, we now know who has been nominated to serve as his second-in-command, California Labor Secretary Julie Su. She currently heads up the California Department of Labor and Workforce Development and was on the…

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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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Independent Contractor Rule Clears OMB

One week ago, the White House budget office wrapped up its review of a rule that would make more workers qualify as “independent contractors” under federal law. The completion of the OMB review generally signals that the final rule will be published soon in the Federal Register. The proposed version of the rule would create…

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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 Revises FFCRA Regulations, Again

Last Friday, the US Department of Labor (DOL) issued revised regulations for the implementation of the Families First Coronavirus Response Act (FFCRA). If I’m not mistaken, that would make at least a couple of times that the agency has issued new or updated FFCRA regulations. The FFCRA was first enacted back on March 18 and…

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Court Tosses Part of Joint Employer Rule

On Tuesday of this week, Judge Gregory Woods of the U.S. District Court for the Southern District of New York ruled that portions of the Department of Labor (DOL) regulation on the issue was “arbitrary and capricious” and in conflict with the Fair Labor Standards Act (FLSA). New York v. Scalia, in which 17 different…

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Stay Current with Federal and State Posters

Every so often, we like to remind our small business owners of some of the myriad mandates and dictates with which they must comply. One of those that we all can easily overlook is the requirement to post certain information relating federal and/or state laws. Federal law requires that all employers with less than 50…

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DOL Issues Interim Rule on Employee 401K Values

The Department of Labor’s Employee Benefits Security Administration (EBSA) this week issued an interim final rule increasing the level of long-term transparency available to employees to assess their retirement income. Specifically, the rule implements part of the SECURE Act (Setting Every Community Up for Retirement Enhancement Act of 2019) that amended ERISA by requiring a…

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Court Strikes Several DOL Rules on FFCRA

With the DC focus on the next iteration of COVID-19 legislative relief, one could easily forget the earlier economic stimulus laws and their implementation, but the courts this week kept the Families First Coronavirus Response Act (FFCRA) in the forefront.  The FFCRA made as many as 61 million workers eligible for paid sick leave and…

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