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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DOL Rules on Joint Employer, Tweaks OT Again

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…

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H-2B Expansion & New Overtime Rule

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…

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DOL Alters H-2B Process, Hikes Fines

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…

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