New Rules Could Shake Up Employment-Based Health Insurance

The Trump administration is rolling out rules that will allow employers to fund Health Reimbursement Arrangements (HRAs) so that their employees can purchase health insurance on their own. The rules, which take effect on Jan. 1, 2020, are currently being finalized by the departments of Treasury, Labor and Health and Human Services. The rules follow […]

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OSHA Nominee Withdraws on Cusp of Confirmation

Scott Mungo, poised to win confirmation as administrator of the Occupational Safety and Health Administration (OSHA) after a wait of 17 months, abruptly withdrew his name from nomination on Tuesday. No reason immediately surfaced. The Senate was set to take a final vote on his nomination in the next few weeks. Mungo retired from FedEx […]

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DOL: No Support ‘at This Time’ for Federal Minimum Wage Hike

While Democrats in both houses of Congress are drafting legislation to basically double the federal minimum wage — from $7.25 to $15 an hour — Department of Labor (DOL) Secretary Alexander Acosta told legislators that “we do not support a change in the federal minimum wage at this time.” Appearing before a hearing by the […]

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DOL Opinion Letter Offers Definition of Independent Contractor in Gig Economy

The  Department of Labor (DOL) announced today that it has issued a new opinion letter that addresses compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the […]

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DOL Proposes Revised Joint Employer Definition

The Department of Labor (DOL) today announced a proposed rule to revise and clarify the responsibilities of employers and joint employers to employees in joint employer arrangements. The department has not meaningfully revised its joint employer regulation since 1958. The Fair Labor Standards Act (FLSA) allows joint employer situations where an employer and a joint […]

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Judge Strikes Down Expansion of Association Health Plans (AHPs)

In the same week that the Trump administration doubled down on its legal opposition to Obamacare, a federal judge Thursday blocked as an “end-run” around the requirements of the Affordable Care Act (ACA, or Obamacare) the expansion of Association Health Plans (AHPs) sought by the administration. U.S. District Judge John Bates sided with the arguments […]

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DOL Proposes Changes in Calculating What Comprises Rate of Pay

The Department of Labor (DOL) today announced a proposed rule to clarify and update the regulations governing regular rate requirements for the first time in more than 50 years. Regular rate requirements define what forms of payment employers include and exclude in the “time and one-half” calculation when determining workers’ overtime rates. Under current rules, […]

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Overtime Proposal Published, Public Comments Sought

The Department of Labor (DOL) today published a Notice of Proposed Rulemaking (NPRM) regarding its overtime initiative in the Federal Register, opening a 60-day window for the public to offer comments, which will end May 21. Earlier this month, the DOL sent a draft of the proposed rule to the Office of Management and Budget […]

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Opinion Letter Clarifies Start of FMLA Leave

According to an opinion letter issued March 14 by the Wage and Hour Division (WHD) of the Department of Labor (DOL), the clock starts ticking on Family and Medical Leave Act (FMLA) leave the moment the employee qualifies for the leave. This opinion, signed by acting WHD Administrator Keith Sonderling, runs counter to a ruling […]

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Workplace Violence Falls Under OSHA General Duty Clause, Commission Rules

The Occupational Safety and Health Review Commission (OSHRC) has ruled that workplace violence is covered by the general duty cause of the Occupational Safety and Health (OSH) Act, thus making employers liable for acts of violence affecting their employees while carrying out their work duties, whether onsite or off. That clause states that employers must […]

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