Restoring OT to Federal Standard

Less than one year ago, the Virginia Overtime Wage Act (VOWA) took effect dramatically diverting the state’s overtime pay laws from its long-standing reliance on the federal standards set forth in the Fair Labor Standard Act. Come July 1 of this year, Virginia will again align its overtime standards with the federal standard. The VOWA…

Read More »

Keeping an Eye On NLRB

Just a couple of weeks ago, we told you that the National Labor Relations Board (NLRB) had extended the deadline for filing amici and/or public comments briefs in anticipation of reconsidering and reversing the “make whole” standard it applied to cases involving alleged non-payment of wages decisions. Well, this week the Board announced it was…

Read More »

Google Must Show Anti-Union Strategy

Elsewhere, social media giant Google was ordered by another NLRB Judge to turn over some 80 documents relating internal communications and strategies the company has employed to facilitate anti-unionizing sentiment within the company’s workforce. The NLRB filed the initial complaint against the tech giant a year ago after it had fired several employees for violating…

Read More »

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…

Read More »

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…

Read More »

Save Local Business Act Filed

Republicans have introduced a counter-measure to the joint employer expansion contained in the PRO Act, which as we’ve reported previously, has already passed the House. Senator Roger Marshall (R-KS) and Representative James Comer (R-KY) introduced the Save Local Business Act, which seeks to amend the National Labor Relations Act (NLRA) and Fair Labor Standards Act…

Read More »

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The U.S. Department of Labor (DOL) officially rescinded the Trump-era independent contractor rule, which gave employers more leeway in classifying gig workers as independent contractors rather than employees.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…

Read More »

DOL Rolling Back on Joint Employer

It’s no surprise, but becoming more apparent with each day that the positions taken by the Department of Labor and the National Labor Relations Board under President Biden will be more closely aligned with the anti-business posture adopted under the Obama administration than the free-market positions espoused under President Trump. As a glaring case in…

Read More »

PRO Act Out of COVID Relief, But . . .

Looking closer at the final COVID relief legislation, efforts by progressive democrats to incorporate the provisions of the Protecting the Right To Organize Act (PRO Act) in the American Rescue Plan Act were ultimately unsuccessful however, the legislation is not dead by any stretch. To the contrary, House Majority Leader Steny Hoyer (D-MD) announced that…

Read More »

DOL Delays New Tip Pooling Rule

Call it the “Final Rule” that isn’t, as the Department of Labor has now delayed the implementation of its Final Rule on tip pooling under the Fair Labor Standards Act (FLSA). The Tip Regulations Final Rule was just finalized in late December and was set to become effective on March 1, 2021. However, in one…

Read More »