Archive for the ‘Federal Labor Law’ Category

Since 1966, family farms enjoyed a broad "parental exemption" so their children could work in the fields, but this past Sept. 2 the Department of Labor (DOL), seeking to redefine that parental exemption, drew a firestorm of criticism from owners of family farms and agricultural associations when its new definition was viewed as too restrictive. [...]

The Department of Labor (DOL) has issued proposed new rules regarding the eligibility of military family members and airline flight crews under the Family and Medical Leave Act (FMLA). The proposed language would extend the entitlement of military caregiver leave to family members of veterans for up to five years after leaving the military. At [...]

As part of the Veterans Opportunity to Work (VOW) Act signed Nov. 21 by President Obama, the Uniformed Services Employment and Reemployment Act (USERRA) has been amended to provide protection against harassment for service members in their civilian jobs. Prior to VOW, courts had found it unclear if USERRA offered harassment (hostile work environment) protection [...]

The House and Senate have both passed a fiscal 2012, $14.5-billion appropriations bill for the Department of Labor (DOL) that represents $145.4 million in additional funding. Since those additional funds derive solely from a provision to fully finance the Job Corps, however, the DOL is actually receiving $545.6 million less than fiscal 2011 and $942.2 [...]

A 1974 ruling by the Department of Labor (DOL) grouped adult home health care workers with teenage babysitters as "companions" not entitled to the wage protections of the Fair Labor Standards Act (FLSA). In 2007, the Supreme Court upheld that interpretation, saying it was up to Congress or the DOL to change the interpretation. Yesterday [...]

The Office of Federal Contract Compliance Programs (OFCCP) is publishing a final rule today on its long-awaited regulations regarding affirmative action for the disabled by federal contractors and subcontractors. Specifically, the rule being published in the Federal Register updates and strengthens the provisions of the Rehabilitation Act of 1973 that require federal contractors and subcontractors [...]

Businesses often and routinely require job applicants to possess a high school diploma for certain positions, but a Dec. 2 opinion letter from the Equal Employment Opportunity Commission (EEOC) indicates that this requirement may be in violation of the Americans with Disabilities Act (ADA). The reasoning behind this, according to the author, EEOC attorney-advisor Aaron [...]

Federal appeals courts have ruled differently on the issue of whether pharmaceutical sales representatives are or are not exempt from the overtime pay provision of the Fair Labor Standards Act (FLSA), so today the U.S. Supreme Court agreed to consider the issue. The case in question is Christopher v. SmithKline Beecham Corp. Christopher and other [...]

The VOW to Hire Heroes Act has  passed the House unanimously after the Senate earlier amended it. President Obama intends to sign it soon. Originally part of the failed American Jobs Act, the bill establishes tax credits for businesses that hire unemployed veterans and was included as an amendment to tax legislation that passed earlier [...]

The public commentary period on new child labor regulations for youths working on and around farms proposed by the Department of Labor (DOL) in early September has been extended a full month to Dec. 1, 2011. The extension was granted by the Obama administration after U.S. Sens. Jerry Moran and Pat Roberts of Kansas and [...]