DOL Revives Practice of Issuing FLSA Opinion Letters

In early January, the Department of Labor (DOL) reissued 17 opinion letters that the Obama DOL had quashed in favor of issuing broadly applicable “Administrator’s Interpretations,” two of which have now been rescinded by the Trump DOL. The 17 opinion letters regarding wage and hour issues were promulgated in the late days of the Bush […]

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DOL Rewrites Another Obama-Era Rule, This One for Interns

During the Obama presidency, the Department of Labor (DOL) devised a six-part test to determine whether an intern is really just that or more like an employee-in-disguise working for free. Part of that test required that the employer receive “no immediate advantage from the activities of the intern,” a rule that several appellate courts found […]

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DOL Announces NPRM on Association Health Plans

The Department of Labor (DOL) today announced a Notice of Proposed Rulemaking (NPRM) to expand the opportunity to offer employment-based health insurance to small businesses through Small Business Health Plans, also known as Association Health Plans. According to the press release announcing the NPRM: Up to 11 million Americans working for small businesses/sole proprietors and […]

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OSHA to Accept Form 300A Electronic Data Through Dec. 31 for 2016

The Department of Labor’s Occupational Safety and Health Administration (OSHA) will continue accepting 2016 OSHA Form 300A data through the Injury Tracking Application (ITA) until midnight on Dec. 31, 2017. OSHA will not take enforcement action against those employers who submit their reports after the December 15, 2017, deadline but before Dec. 31, 2017, final entry date. Starting […]

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DOL — Under Pressure — Extends Tip Pooling Comment Period

The Department of Labor (DOL) has extended the commentary period on its proposed new tip pooling regulation by 30 days, from Jan. 4 to Feb. 3, 2018. The announcement on Tuesday came after 46 Democrats from the U.S. House of Representatives wrote in a letter to Labor Secretary Alexander Acosta that repealing the rule would affect […]

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DOL Seeks Comments on Revising Its Tip Pool Regulations

The Department of Labor (DOL) is proposing to revise the agency’s 2011 tip pool regulations to allow the sharing of tips with back-of-the-house employees provided everyone is paid the minimum wage. It has published a Notice of Proposed Rulemaking (NPRM) in the Federal Register, in which it states the agency is  “proposing to rescind the parts […]

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DOL Announces 18-Month Extension of Transition Period for Fiduciary Rule Enforcement

The Department of Labor (DOL) has announced an 18-month extension from Jan. 1, 2018, to July 1, 2019, of the special Transition Period for the Fiduciary Rule’s Best Interest Contract Exemption and the Principal Transactions Exemption, and of the applicability of certain amendments to Prohibited Transaction Exemption 84-24 (PTEs). This follows public comment on a […]

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DOL Delays Compliance Deadline for ERISA Disability Benefits Procedure

The Department of Labor (DOL) has announced a 90-day delay – through April 1, 2018 – of the applicability date for ERISA plans to comply with a final rule amending the claims procedure requirements applicable to disability benefits. The three-month delay of the applicability date announced Nov. 24 is intended to give interested stakeholders the […]

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DOL Releases Five-Year Strategic Plan Focusing on Job Training and Creation

The Department of Labor (DOL) has released its Strategic Plan for fiscal years 2018-2022 with an emphasis on “jobs, more jobs and even more jobs,” in the words of Secretary Alexander Acosta. In his “Secretary’s Message” prefacing the document, Acosta writes: “Our nation’s greatest resource is the American workforce. The strategic plan outlines how we […]

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In New Twist, DOL Will Appeal Court Injunction Against Obama Overtime Rule

After dropping the Obama-era appeal of an injunction against that administration’s proposed overtime rule, sources say the Department of Labor (DOL) is poised to return to court to argue against the permanent injunction issued this summer by Judge Amos Mazzant. The reason appears to be to preserve the use of a salary threshold in determining […]

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