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…
Read More »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…
Read More »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…
Read More »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…
Read More »The US Department of Labor came out with its long awaited proposed joint employer rulemaking this week and once again tweaked its regulations on overtime calculations. The proposed joint employer regulation uses a four-part test to determine when a business should be held jointly libel for minimum wage and overtime law violations. Specifically, it proposes…
Read More »A bipartisan group of 11 US Senators are advocating that the Trump administration increase, yet again – this time, doubling – the number of H-2B visas available for the current fiscal year. Maine’s two Senators, Republican Susan Collins and Independent Angus King, wrote a letter to the Department of Homeland Security (DHS) urging DHS Secretary…
Read More »Earlier this week, the US Department of Labor (DOL) announced that it was altering the procedure by which H-2B Visa applications will be processed. The change results from the system crash that DOL experienced early in January when the flood of H-2B visa applications overwhelmed and crashed their system. Going forward, all applications filed on…
Read More »It’s official! The US Department of Labor last week officially amended its Field Operations Handbook relating when and for what work employers could pay workers a subminimum wage (tipped wage). The 80/20 rule, as it became known when it was implemented in 2009, provided that an employee could not be paid the lower tipped wage…
Read More »That’s the Department of Labor, of course, and joint employer wasn’t their only headline these past few weeks. The department finally sent along to the Office of Information and Regulatory Affairs (OIRA) a proposed regulation to “clarify, update and define” the basic and regular rate for calculating overtime pay. It is believed the regulation will…
Read More »On another front in the ongoing joint employer battle, the clarification promised by the Department of Labor in the form of a new rulemaking defining joint employer under the provisions of the Fair Labor Standards Act (FLSA) has yet to be completed. The DOL had proposed that such a rule would be written and circulated…
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