DOL Seeks 18-Month Extension of Fiduciary Rule

Enforcement of its Conflict of Interest Fiduciary Rule was set to begin on Jan. 1, 2018, but the Department of Labor (DOL) yesterday submitted a proposal to the Office of Management and Budget (OMB) seeking amendments to three of the rule’s exemptions that would push back enforcement by 18 months to July 1, 2019. After […]

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Circuit Court to Hear Overtime Rule Appeal in Early October

The 5th U.S. Circuit Court of Appeals in New Orleans, arguably the most conservative of all appeals courts, announced it will hear the appeal to the injunction against the Obama-era overtime rule in early October. That rule, which raised the salary threshold for overtime exemption to $913 a week, was blocked by a federal judge […]

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DOL Hopes Agreement with Sonic Becomes Fast Food Industry Standard

The  Wage and Hour Division (WHD) of the Department of Labor (DOL) and Sonic Industries Services Inc. – franchisor of the SONIC Drive-In restaurant chain – have signed a voluntary agreement to help SONIC’s independently owned and operated franchise locations comply with federal labor laws. As part of the agreement, the Oklahoma City-based franchisor will provide a […]

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Labor Secretary Aims at Professional Licensing Deregulation

Speaking in Denver about apprenticeships, Labor Secretary Alexander Acosta pointed to licensing requirements as a barrier to employment that need to be streamlined. He noted that only one in 20 professions in the 1950s required licensing, but today it’s one in four. Appearing at the American Legislative Executive Council’s annual confab, Acosta noted that “the […]

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DOL to Seek Public Input on Creating a New Overtime Rule

The Department of Labor (DOL) announced it will publish a Request for Information (RFI) for the overtime rule on Wednesday, July 26, 2017. The RFI is an opportunity for the public to provide information that will aid the department in formulating a proposal to revise these regulations that define and delimit exemptions from the Fair […]

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Labor Secretary Forming an Apprenticeship Task Force

Secretary of Labor Alexander Acosta is inviting interested persons to submit nominations for individuals to serve on the Task Force on Apprenticeship Expansion. The creation of the task force is a key step in implementing President Donald J. Trump’s executive order to expand apprenticeships, according to a Department of Labor (DOL) news release. “Apprenticeships are […]

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Request for Information on Fiduciary Rule Published

The Employee Benefits Security Administration (EBSA) of the Department of Labor (DOL) has published a Request for Information (RFI) in connection with its examination of the final rule defining who is a “fiduciary” of an employee benefit plan for purposes of the Employee Retirement Income Security Act (ERISA) of 1974 and the Internal Revenue Code, […]

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A Second Circuit Court Declares DOL’s Tip Pool Rule Invalid

The 10th U.S. Circuit Court of Appeals has joined the 4th in deciding the 2011 tip pool rule by the Department of Labor (DOL) is invalid. The rule prohibits employers from sharing tips received by tipped employees such as servers with non-tipped employees such as dishwashers. The restaurants have fought back, arguing in court that […]

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DOL Wants Salary Level to Determine Overtime Eligibility

The Department of Labor (DOL) today asked the 5th Circuit Court of Appeals to clarify its authority to establish a salary threshold for determining overtime eligibility, but did not endorse the Obama-era proposed salary level of $47,476 a year. In a brief filed in the ongoing appeal over an injunction blocking President Obama’s effort to […]

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DOL Opens Up Commentary on Revision of Fiduciary Rule

The Department of Labor (DOL) has published a Request for Information (RFI) related to the fiduciary rule. The RFI is an opportunity for the public to provide data and information that may be used to revise the rule and associated exemptions. There is a 15-day comment period regarding extending the Jan. 1, 2018 applicability date […]

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