I-9 And Immigration Fines Increased

The Department of Labor hasn’t only been focused on the FLSA either.  Along with the Departments of Justice and Homeland Security, DOL increased the fines accessed on employers for immigration-related violations, including unfair employment or discrimination practices, violations of the H-1B or H-2B programs as well as Form I-9 and E-Verify Violations.  The increased fines…

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DOL Increases Penalties for FLSA, FMLA Violations

Coming on the heels of their significantly increasing the overtime exemption threshold, the Department of Labor (DOL) has now issued an interim final rule that increases civil penalties for violations of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA) and all laws under their jurisdiction.  Under the new regulation, which…

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OSHA Fines Hiked As Well

As one of the agencies that operate under the jurisdiction of the Department of Labor, the Occupational Safety and Health Administration (OSHA) will also see their fines and penalties increased significantly by the latest interim final rule.  OSHA penalties will be adjusted for the first time since 1990 and they’re certainly making up for lost…

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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…

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SCOTUS Agrees to Review NLRB Appointment

With the seat held by the late Justice Antonin Scalia still vacant, it could be anybody’s guess where the majority breaks on this case, but the Supreme Court of the United States (SCOTUS) has agreed to hear an appeal by the NLRB that their acting general counsel had been improperly nominated.  To refresh the issue…

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Congress Positions for CRA on Overtime Rule

A full 44 Republican US Senators co-sponsored a resolution this week the calls for the formal disapproval of the Department of Labor’s new overtime exemption threshold.  The DOL overtime rule effectively doubles the former threshold of $23,660 to $47,476, below which all employees are automatically entitled to overtime pay.  The Congressional Review Act is a…

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New DOL Overtime Rules Released

The long-awaited final Overtime Rule, defining overtime exemption requirements for the so-called “White Collar Exemption”, was finally released this week by the Department of Labor.  The new rule will formally take effect on December 1 of this year, when the minimum salary exempting workers from overtime pay more than doubles to $913/week, an annualized figure…

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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…

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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…

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Alabama Punctuates Opposition to Persuader Rule

The state of Alabama became the 10th state to petition the federal District Court for the Eastern District of Arkansas for an injunction against the Department of Labor regulation.  The DOL rule essentially negates the employer’s attorney-client privilege and tips the scales in favor of organized labor in union representation elections at private companies.  Alabama…

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