As previously reported here, earlier this year a federal district court in Texas issued a preliminary injunction preventing the Department of Labor (“DOL”) from enforcing the new Persuader Rule, which was to go into effect as of July 1, 2016. Last week, the court issued a ruling converting its preliminary injunction into a permanent one,… Continue Reading
Tag Archives: DOL
New DOL Overtime Rules And The Fluctuating Workweek
Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & HourUnless you have been living under a rock for the last few months, you are undoubtedly aware that December 1, 2016 marks the day that the U.S. Department of Labor’s (“DOL”) new overtime rules become effective. The new minimum salary level for the executive, administrative, and professional employee exemptions under the Fair Labor Standards Act… Continue Reading
DOL Issued Updated Employment Law Posters – Be Sure You Post Them In Your Workplace
Posted in Employee Privacy Rights, FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsIn July 2016, the federal Department of Labor (DOL) updated two posters that employers are required to post in the workplace. The “Employee Rights under the Fair Labor Standards Act” poster; and The “Employee Rights – Employee Polygraph Protection Act” poster. According to the DOL, every employer subject to the federal Fair Labor Standards Act… Continue Reading
DOL to Enforce Same-Sex Spouses FMLA Regulation In All But Four States
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsIn our previous post, Same-Sex Marriage Partners Now Covered by FMLA, we reported on the final FMLA rule that expanded the definition of “spouse” under the FMLA to include employees in legal same-sex marriages. Although this rule took effect on March 27, 2015, a federal district court ruling in Texas left the status of the… Continue Reading
U.S. Government Agencies: Santa or Grinch?
Posted in Employment Contracts and Agreements, Labor Law, New Legislation and RegulationsJust in time for the holidays, the National Labor Relations Board (“NLRB”) and the U.S. Department of Labor (“DOL”) have delivered additional workplace protections for workers and prospective unions this month. Whether those government agencies are viewed as Santa or the Grinch coming down workplace chimneys depends upon one’s perspective. Specifically, the NLRB gave a… Continue Reading
Do You Think The ACA Is Asleep Because The Employer Mandate Was Postponed? Think Again!: Required Employee Notices Soon Due!
Posted in Labor LawEnrollment in the Health Insurance Marketplace is set to begin on October 1, 2013. While many employers believe the requirements of the Patient Protection and Affordable Care Act (ACA) were put off a year for them, many provisions still apply now. By no later than October 1, 2013, most employers must distribute a notice of… Continue Reading
Mortgage Loan Officers Exempt? Don’t Take it to the Bank Just Yet
Posted in Labor Law, Wage & HourBy: Shauna N. Correia Under the Fair Labor Standards Act ("FLSA"), employers are generally required to pay overtime wages to employees who work longer than 40 hours per week. The FLSA provides several exceptions to this rule. Those "employed in a bona fide executive, administrative, or professional capacity[,] . . . or in the capacity… Continue Reading
Employers Beware – The Crackdown Continues
Posted in New Legislation and Regulations, Wage & HourThe State of California Signed an MOU with the Federal Department of Labor Together They Will Locate and Punish Those Who Misclassify Independent Contractors By: Lizbeth V. West, Esq. In my November 4, 2011 post, I discussed a new California law (Labor Code § 226.8) that imposes serious monetary fines and other sanctions against those… Continue Reading
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