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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It’s Official: DOL Proposes Overtime Threshold of $35,308 a Year

The Department of Labor (DOL) today announced a Notice of Proposed Rulemaking (NPRM) that would make more than a million more American workers eligible for overtime, according to its estimates. Under currently enforced law, employees with a salary at or below $455 per week ($23,660 annually) must be paid overtime if they work more than […]

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DOL Sends Joint Employer Proposal to the White House

The Department of Labor (DOL) has sent a proposal on defining a joint employer relationship to the White House and its Office of Management and Budget (OMB), signaling that a Notice of Proposed Rulemaking (NPRM) will soon follow. According to the Wall Street Journal, the proposal will set a “high bar” for establishing a joint […]

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New Overtime Threshold Purported to Be $35K a Year

With a Notice of Proposed Rulemaking (NPRM) expected this month on new overtime regulations from the Department of Labor (DOL), Bloomberg Law is reporting that the threshold for exemption from overtime pay will rise from the current $23,660 to $35,000 a year. The threshold originates in the Fair Labor Standards Act (FLSA), which created overtime […]

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DOL Clarifies Tip Credit Rule Regarding Non-Customer Service Work

The Fair Labor Standards Act (FLSA) allows employers to pay service employees — those who receive “more than $30 a month” in tips — less than the minimum wage, provided tips plus wages match or exceed the minimum wage. This arrangement is known as a “tip credit,” whereby the employer can pay a minimum wage […]

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