Senate Kills Weil Nomination

On Wednesday of this week, the Senate effectively ended the nomination of Dr. David Weil for another stretch as the administrator of the US Department of Labor Wage and Hour Division. On a procedural motion to advance consideration of the Weil nomination, the Senate voted 53-47 against consideration, with three democrats – Senators Manchin (WV),…

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Weil Up Again for Wage & Hour Head

Notwithstanding strenuous opposition as we advised last week from Republican Senators, President Biden forged ahead and resubmitted the name of David Weil in nomination for the post of administrator at the DOL Wage and Hour Division. Weil, who served in the same capacity during the Obama administration, is one of a half-dozen Biden nominees for…

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Senators Urge Weil Withdrawal

A handful of Republican Senators answered our prayers last week in urging the White House to withdraw the nomination of David Weil for the position of Administrator of the Department of Labor Wage and Hour Division. A staunch opponent of the franchise business model and all things franchising, Wei, an academician and anti-business author, was…

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The Minimum Wage Impact

It has long been debated what effect mandatory minimum wages have on the labor force at large, the creation of new jobs and the benefits afforded minimum wage employees. Well, the ongoing labor shortage notwithstanding, there were a couple of new reports released recently that shed additional light on those questions. First, the Federal Reserve…

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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As we warned just about one month ago, the U.S. Department of Labor (DOL) announced last week that it had officially rescinded the Trump administration definition of joint employer.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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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 Announces Worker Rights Initiative

In the same vein, the Department of Labor (DOL) also announced this week that it was launching a new initiative aimed at strengthening the rights of workers. This new effort, entitled “Essential Workers, Essential Protections”, provides workers with information about the wage and hour laws that apply to them, including instructions on how to contact DOL with questions or complaints.…

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DOL Withdraws Opinion Letters

Underscoring the importance of who’s calling the shots at the NLRB, DOL and other federal departments during the transition from the Trump to the Biden administration, the U.S. Department of Labor (DOL) this week announced that it was withdrawing three opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). The…

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DOL Reinstitutes Opinion Letters on FLSA

It’s been over a decade since the US Department of Labor (DOL) abandoned its long practice of issuing opinion letters in response to employer questions on Fair Labor Standards Act (FLSA) application. Back in 2009, DOL changed that historic approach to resolving issues relating FLSA and began suing employers as the primary approach to enforcing…

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