Still Few Answers on Vaccine Mandate

Although the President announced the drastic step over one week ago, there is still very little known by way of definite answers on what will and will not be contained in the final Department of Labor Emergency Temporary Standard regarding his vaccine mandate – and it may be a few more weeks until we see…

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OMB Completes Review of DOL Tip Rule

Last week, the White House Office of Management and Budget (OMB) completed its review of a new proposed DOL Tipping Regulation under the Fair Labor Standards Act (FLSA) – the last step in the review process before a new regulation is published in the Federal Register. The regulation will tighten the rules that govern how…

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COBRA Notice Deadline Wednesday

As we advised you a couple of weeks ago, a 100% subsidy of COBRA premiums was mandated by the American Rescue Plan Act (ARPA) through September 30. The ARPA further dictated that plan administrators give advance notice to “assistance-eligible individuals” (AEIs) that their COBRA subsidy period is coming to an end. The final date by…

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“Another one bites the dust!”

As the Biden administration continues trying to reverse seemingly every action of the predecessor Trump administration – especially those that are perceived as favorable to business – the Office of Federal Contract Compliance Programs (OFCCP) announced last week and published in the Federal Register that it plans to rescind a November 2019 notice regarding EEO-1…

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Jobless Claims Hit Pandemic Low

Notwithstanding the expanding spread of the COVID Delta variant and the ongoing difficulties with getting the economy completely opened up again – let alone the continuing labor shortage – first-time unemployment claims dropped last week to 340,000, the lowest level since the pandemic hit in March of 2020. This Department of Labor (DOL) report comes…

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DOL Officially Rescinds Joint Employer

As we warned just about one month ago, the U.S. Department of Labor (DOL) announced last week that it had officially rescinded the Trump administration definition of joint employer. An array of Democrat Attorney Generals had filed a number of lawsuits (some were successful and are on appeal) challenging several provisions of the Trump-era joint…

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He’s BAAAACK, Unless Senators Stop Him

That’s right, President Biden’s nominee for the position of Administrator of the Department of Labor Wage and Hour Division is David Weil, who also served in that exact same capacity during the Obama administration. The U.S. Senate Committee on Health, Education, Labor and Pensions (HELP) held a confirmation hearing yesterday on the nominations of Weil…

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Joint Employer Reversal Coming

More egregious NLRB changes may still be in the on-deck circle, but DOL changes to the Trump-era definition of joint-employer are well on the way to reality. In fact, the White House Office of Management and Budget (OMB) is currently reviewing a new final rule proposed back in March by the Department of Labor Wage…

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DOL Caps Tip Work at 30 Minutes

The picture is becoming increasingly clear as to the depth and breadth of the pro-worker thrust of the US Department of Labor in the Biden administration. Earlier this week, the Wage and Hour Division issued a proposed rulemaking that would scale back the circumstances under which an employer may pay a lower minimum wage to…

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DOL Withdraws Gig Worker Rule

The U.S. Department of Labor (DOL) officially rescinded the Trump-era independent contractor rule, which gave employers more leeway in classifying gig workers as independent contractors rather than employees. Announcing the decision, Labor Secretary Marty Walsh categorized the decision as helping to “preserve essential worker rights and stop the erosion of worker protections that would have…

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