Trump Labor Nominee Scalia Hearing Held

President Trump’s pick to lead the Department of Labor as Secretary of Labor, Eugene Scalia was before the US Senate Committee on Health, Education, Labor and Pensions yesterday for his confirmation hearing. Scalia, the son of the late Supreme Court Justice Antonin Scalia, has been a partner at the management side law firm of Gibson,…

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Trump Nominates Scalia for Labor

President Trump formally submitted the nomination of Eugene Scalia as Secretary of Labor to the United States Senate for confirmation this week. Scalia, the son of the late Supreme Court Justice Antonin Scalia has extensive experience as a management side attorney and frequently challenged labor regulations that he saw as too labor-friendly. A labor lawyer…

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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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DOL Submits Drug Testing Rule

Speaking of proposed rulemakings, the Department of Labor got in the game this week as well with two different issues. First, the Office of Management and Budget (OMB) within the White House has begun its review of the DOL’s proposed final rule on drug testing. As drafted, the rule will allow states to drug-test unemployment…

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DOL Eases Path for Multiemployer Retirement Plans

The U.S. Department of Labor unveiled its final rule this past Monday on multiple employer plans (MEPs), expanding the possibility of smaller businesses creating and using them as a vehicle to encourage retirement savings by employees. The new rule, which goes into effect on September 30 of this year, will allow businesses or associations with…

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With Acosta Out, Trump to Name Scalia

With the resignation of Labor Secretary Alexander Acosta, President Trump has announced his intention to nominate Attorney Eugene Scalia as his next Secretary of Labor. Acosta officially left the post last Friday, with Deputy Secretary Patrick Pizzella thought to have had a lock on the position going forward, but President Trump decided to go in…

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DOL Issues Opinion Letters

On July 1, the Department of Labor (DOL) issued three opinion letters dealing with different aspects of overtime requirements – two of which you may want to be familiar. (The third deals with paralegals, so is not of concern to our subscribers.) Specifically, the first clarifies the federal regulations governing the calculation of overtime pay…

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Joint Employer Comment Period Expires

The comment period on the Department of Labor joint-employer proposal came to a close earlier this week with more than 12,500 public comments having been submitted. As drafted, DOL’s proposed joint employer regulation employs a new four-part test to determine joint employer status under the Fair Labor Standards Act (FLSA). Those four components include the…

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Dems Want To Increase Increased Overtime Threshold

When is enough, enough? The Department of Labor under former President Obama increased the overtime threshold, below which all employees are overtime eligible from the current $23,660 to $47,476, only to have that increase thrown out by the federal court. After further review and public comment, the DOL under President Trump split the difference somewhat…

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DOL Extends Two Comment Periods

The U.S. Department of Labor (DOL) this past week extended the comment period on proposed regulations for a new joint employer standard and for the definition of “regular rate” of pay, on which overtime pay calculations are based. Notices of Proposed Rulemaking (NPRM) were published on March 29 and April 9 respectively, with final comments…

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