The Department of Labor has now updated its FMLA forms that expired, by their own terms, on May 31, 2018. Because it was late, the DoL extended the viability of the old forms through June 2018 and then through August 2018. Apart from the new expiration date on the forms, there does not appear to be any substantive change to the forms, which begs the question: Why did it take so long? In any event,
On September 14, 2016, Eleanor Norton (D.C. Representative) introduced H.R. 6030 to the House of Representatives, and that bill was referred to the Committee on Education and the Workforce. The bill would amend the Fair Labor Standards Act (“FLSA”) by adding the following new Section 8:
Sec. 8. Requirements and prohibitions relating to wage, salary and benefit history
It shall be an unlawful practice for an employer to—
(1) screen prospective employees based on their previous wages or salary histories,
This morning, the Department of Labor released its final rule regarding the White Collar Exemptions. I am still working through the over 500 page document but post now to share a few of the most important details.
The new rule is expected to affect over 4 million workers in the United States, who will now be eligible for overtime unless their compensation is restructured. The rule goes into effect on December 1,
Today, President Obama nominated Merrick B. Garland as his choice to fill the U.S. Supreme Court vacancy left by the recent death of Justice Antonin Scalia. Chief Judge Garland was appointed to the U.S. Court of Appeals for the District of Columbia by President Clinton in 1997 and became Chief Judge on February 12, 2013. He received wide, bipartisan support for his nomination to the U.S. Court of Appeals. Seven of the Republican Senators who voted for his 1997 nomination still serve in the U.S.
On January 20, 2016, the Wage and Hour Division released an Administrator’s Interpretation concerning joint employment under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act. The interpretation identifies common scenarios in which two or more employers jointly employ an employee and are thus jointly liable for compliance. It pulls together all the relevant authorities – statutory provisions, regulations, and case law – to provide comprehensive guidance on joint employment under FLSA and MSPA so that employers can properly analyze a potential joint employment scenario.
On January 7, the House Majority Leader indicated that H.R. 3231, the “Federal Intern Protection Act of 2015,” may be considered in the House this week. The resolution would extend protections against discrimination in the workplace based on race, color, religion, sex, national origin, age, or disability to interns and applicants for internship. Interns are defined in the resolution as individuals who perform uncompensated voluntary service in an agency to earn credit awarded by an educational institution or to learn a trade or occupation.
On July 1, 2015, I informed you that the Department of Labor was initiating a change to the white collar exemption regulations and beginning a public comment period. As the DoL reviews tens of thousands of comments on its proposed changes to the White Collar Exemptions, employers should begin analyzing their exempt positions to determine whether they will still be exempt from overtime after the rule is inevitably issued.
The Fair Labor Standards Act (“FLSA”) requires employers to pay most workers minimum wage and overtime to nonexempt workers for work in excess of 40 hours per workweek. Overtime must be paid unless the worker is defined as “exempt” under the Act. Many employers believe that simply paying employees on a salary basis makes them exempt from overtime, but several more factors affect the classification than whether you pay employees a salary or pay them hourly.
Yesterday, on June 30, 2015, the U.S. Department of Labor released proposed rule changes that would affect whether certain individuals are entitled to overtime under the Fair Labor Standards Act. The most used exemptions from overtime are referred to as the “white collar exemptions” and exempt many managers, administrators, and professionals from entitlement to overtime if they are paid on a salary basis and at least certain weekly amounts. The current weekly salary threshhold that must be met to qualify for these exemptions,
As expected, on March 13, 2014, the President issued a memorandum to the Department of Labor, directing the agency to revamp regulations related to overtime exemptions. In part, the President directed the DoL to:
“propose revisions to modernize and streamline the existing overtime regulations. In doing so, you shall consider how the regulations could be revised to update existing protections consistent with the intent of the Act; address the changing nature of the workplace;