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
New DOL Overtime Rules And The Fluctuating Workweek
Unless 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
DOL Issued Updated Employment Law Posters – Be Sure You Post Them In Your Workplace
In 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
DOL to Enforce Same-Sex Spouses FMLA Regulation In All But Four States
In 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
U.S. Government Agencies: Santa or Grinch?
Just 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 sugary treat to unions and employees who want union representation by ruling in early December that, under most circumstances, workers must be permitted to use their employers’ email systems for purposes of union-organizing activities. Then, in mid-December, the NLRB stuffed the stockings of unions and employees who desire union representation by issuing a final rule shortening the time to hold an election to determine whether a majority of workers want to be unionized.
Many employers worry that this speedy-election change, which becomes effective on April 14, 2015, will diminish management’s ability to stage an anti-union campaign prior to voting. As such, employers who are concerned about unionization likely will focus on year-round anti-union avoidance programs, instead of anti-union campaigns that commence only upon the filing of a representation petition.
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