The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has unveiled a new proposed rule that would again change the requirements for determining a worker’s classification as an employee versus contractor. The proposed rule, which was published in the Federal Register yesterday, is very similar to one that had been adopted…
Read More »When the Supreme Court of the United States (SCOTUS) opens its new term next week, one of the first cases it will hear involves the highly compensated employee overtime exemption. SCOTUS has scheduled oral arguments on the issue to be presented in Washington DC on October 12. The case being heard is Helix Energy Solutions…
Read More »House Appropriations Chairwoman and Connecticut Representative Rosa DeLauro, along with 45 democratic co-sponsors, has again filed the Wage Theft Prevention and Wage Recovery Act of 2022. In general terms, the bill would upset some long-standing legal doctrines surrounding the Labor Management Relations Act, and increase both the risk and severity of FLSA collective actions. In…
Read More »Of course, all of the focus of late on the United States Supreme Court (SCOTUS) has been on the leak of the draft decision overturning Roe v Wade, but there is other important news coming from the nation’s highest court. As a case in point, the court announced earlier this month that in its next…
Read More »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 »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 »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 »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 »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 »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…
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