DOL Proposes Tip Credit Rule

The Department of Labor (DOL) announced a proposed rule for tip provisions of the Fair Labor Standards Act (FLSA) implementing provisions of the Consolidated Appropriations Act of 2018 (CAA). The proposal will also codify existing Wage and Hour Division (WHD) guidance into a rule. The CAA prohibits employers from keeping employees’ tips. During the development […]

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Final Rule Published on Drug Testing for UI Benefits

The Department of Labor (DOL) today published a final rule that provides greater clarity and flexibility to states as they identify the occupations for which they will conduct drug testing in the unemployment insurance (UI) program. “The flexibility offered in the new rule respects state differences with regard to employment drug testing across our country,” […]

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DOL’s PAID Program Nets 7,500 Employees Back Wages

Since its launch as a trial initiative in April 2018, the Payroll Audit Independent Determination (PAID) program of the Department of Labor (DOL) has witnessed 74 employers voluntarily step forward to award back wages to some 7,500 employees to the tune of $4 million. PAID is an employer self-audit program. If a company audit turns […]

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Association Retirement Plans (ARPs) Take Effect Today

A final rule issued by the Department of Labor (DOL) in July allowing for companies to more easily establish Multiple-Employer Plans (MEPs) to offer retirement benefits takes effect today, Sept. 30. The Trump DOL is now calling these collective efforts Association Retirement Plans (ARPs), explaining: Under the rule, ARPs could be offered by associations of […]

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Scalia Confirmed as Labor Secretary

UPDATE: Eugene Scalia was sworn in as Labor Secretary on Monday, Sept. 30, 2019. Much to the chagrin of the opposition party, Republicans in the Senate today approved the nomination of Eugene Scalia, son of the late Supreme Court conservative icon Antonin Scalia, to become Department of Labor (DOL) Secretary. The vote was along pure […]

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DOL Sets Overtime Exemption Threshold at $35,568 a Year

Raising the ante slightly on its original proposal, the Department of Labor (DOL) today published its final overtime rule, setting the salary exemption threshold at $35,568 a year, or $684 a week. The original proposal was for $35,308 annually, or $679 a week. The rule takes effect Jan. 1. According to a DOL senior official, […]

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DOL Overtime Rule Clears the White House

The Office of Management and Budget (OMB), a White House review agency, has cleared the new overtime rule from the Department of Labor (DOL) that sets the salary threshold for avoiding overtime at $35,308 annually. The rule, which should be published soon, will make an estimated 1.1 million more workers eligible for overtime. The rule […]

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The First Labor Day: Pride, Chaos and Kegs

On the morning of Sept. 5, 1882, a crowd of spectators filled the sidewalks of lower Manhattan near city hall and along Broadway. They had come early, well before the Labor Day parade marchers, to claim the best vantage points from which to view the first Labor Day parade. A newspaper account of the day […]

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Trump Nominates Scalia to Head DOL

President Trump has made official his nomination of Eugene Scalia, a pro-business lawyer and son of the late Supreme Court Justice Antonin Scalia, to become secretary of the Department of Labor (DOL), following the July resignation of Alexander Acosta. Scalia, currently a partner at Gibson, Dunn and Crutcher LLP, is “a renowned labor, employment, and […]

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DOL Seeks Comments on Proposed Changes to FMLA Forms

The Department of Labor (DOL) and its Wage and Hour Division (WHD) are seeking public comments through Oct. 4 on proposed changes to the forms used for Family and Medical Leave Act (FMLA) leave. According to the DOL, the goal in revising the forms is to increase compliance with the FMLA, improve customer service, and […]

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