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Showing 31 posts in Department of Labor ("DOL").
TWO Threshold Hikes for the Price of One: DOL Issues Final Overtime Salary Threshold Rule
As tipped in September of 2023, the Wage and Hour Division of the Department of Labor (“DOL”) has finally released the Final Rule for raising the minimum salary threshold for employers eligible for exemption from overtime pay. While the new rule isn’t vastly different from the proposed rule, there are still enough substantive changes for employers to pay close attention. More >
Here We Go Again: New DOL Independent Contractor Rule In Effect
In the continuing tug of war that has taken place with recent successive presidential administrations, the Department of Labor (“DOL”) on January 10th, 2024, published a new final rule to once again define “independent contractor” for purposes of the Fair Labor Standards Act (“FLSA”). The new rule adopts a six-factor test to determine the “economic reality” of the relationship between the worker and the potential employer. It went into effect on March 11th. More >
DOL Moves to Raise Salary Floor in Proposed Overtime Rule
The U.S. Department of Labor has proposed to raise the salary threshold—a long-anticipated yet dreaded move that will affect how many employers pay their workers. More >
WARNING: DOL Moves the Goalposts on FFCRA for Healthcare Providers
When the Families First Coronavirus Response Act (“FFCRA”) was passed, healthcare providers breathed a sigh of relief to see that an exception had been carved out for them regarding the mandatory leave provisions of the law. This exclusion permitted entities with less than 500 employees to exclude “health care providers” from mandatory leave provisions. The first rules to interpret this provision defined “health care providers” in such a manner that all employees of a healthcare provider that itself met the definition would also meet the exclusion. This interpretation is no more. More >
Department of Labor Issues Guidance for Employers – Paid Leave Provisions Take Effect April 1st
On March 24th, the Department of Labor (DOL) issued guidance for employers and employees as to how they will be affected by the Families First Coronavirus Response Act (FFCRA) when it takes effect on April 1, 2020. The guidance came in the form of an introductory statement, a fact sheet for employers, a fact sheet for employees, and a Q&A sheet that covers a wide variety of situations. More >
IRS, Department of Labor, and Treasury Outline Workings of Paid Leave Tax Credits
The Department of Labor, IRS and Treasury Department have released a joint notice outlining how employers may utilize tax credits to provide mandated paid leave under the Families First Coronavirus Response Act signed into law on March 18th. The paid leave provisions have been discussed in our summary of the new law here, and these three agencies have now provided a glimpse of the road map for employers to cover the costs of paid leave. While the actual guidance is slated to be issued this week, the notice included information about how these provisions will operate: More >
ALERT: NEW E-DELIVERY RULES FOR ERISA PENSION PLANS ON THE HORIZON
In October, the U.S. Department of Labor (DOL) published a proposed rule that encourages electronic delivery of ERISA-required plan disclosures. It allows plan administrators to post disclosures online to cut costs of paper delivery and is a voluntary safe harbor that plans can use to make documents accessible on a website instead of mailing paper documents. More >
Alert: Department of Labor Releases Final Rule on Overtime; Salary Threshold Raised
On Tuesday, September 24, 2019, the Department of Labor (“DOL”) issued a Final Rule that raises the salary threshold for exemption from overtime pay to $35,568 per year. This rule was proposed in March of 2019, and it appears that the Final Rule is substantially similar. This Final Rule follows years of uncertainty after an overtime overhaul put in place under the Obama administration was held up in the courts and ultimately scrapped. More >
ALERT: Chad C. Brown, Inc. and Horse Trainer Chad Brown must pay $1.6M in Department of Labor Wage and Hour Violations Investigation
In a development that should make every horse operation in Kentucky stand up and take notice, trainer Chad Brown will pay $1.6 million to cover back wages, liquidated damages and civil penalties for what the Department of Labor (“DOL”) considers to be willful violations of the Fair Labor Standards Act (“FLSA”) and the H-2B non-immigrant visa program. More >
Overtime Law Update – One Rule Stalled, One Law Gaining Momentum
In 2015 and 2016, the Obama administration’s Department of Labor (“DOL”) released proposed and final rules that were set to dramatically change the face of overtime exemptions by raising the threshold salary requirement to around $47,500. The Final Rule became effective as of December 1st, 2016, but several contemporaneous events have worked to upend the new regulation, and changes are afoot even now with respect to overtime. It’s time to take a quick look at the status of overtime regulations. More >
