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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DOL Publishes Online Guide to FLSA

The Department of Labor (DOL) today announced the launch of an enhanced electronic version of its Handy Reference Guide to the Fair Labor Standards Act (FLSA). This new online version of one of the most popular publications of the Wage and Hour Division (WHD) is designed to assist American employers and workers with a simple, easy-to-follow […]

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Association Health Plans on the Brink of Extinction

A George W. Bush-appointed federal judge seems poised to put the kibosh on the Trump administration’s initiative to widen the use of association health plans (AHPs) by allowing for multi-state and multi-employer AHPs, something not allowed under the Affordable Care Act (ACA, or Obamacare). This past week in Washington, D.C., U.S. District John Bates heard […]

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Oracle Shorted Its Workers $400M, DOL Alleges

The Department of Labor (DOL) has revised a lawsuit against Oracle it filed in 2017 to now claim that the tech company underpaid its employees by some $400 million over a four-year period, while at the same time discriminating against females and Asians (who make up the bulk of its workforce). The department began investigating […]

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New Overtime Rule Reportedly Sent to White House

The long-anticipated rewrite of the Obama-era overtime rule has been submitted to the White House and its Office of Management and Budget (OMB) for review prior to the issuance of a Notice of Proposed Rulemaking (NPRM), it has been reported. This Trump-era rule is expected to set the salary threshold at which employees can be […]

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DHS, DOL Propose Modifications to H-2B Visa Program to Favor U.S. Citizens

The Department of Homeland Security (DHS), in conjunction with the Department of Labor (DOL), has published a joint notice of proposed rulemaking (NPRM) that would modernize the recruitment requirements for employers seeking H-2B nonimmigrant workers to make it easier for U.S. workers to find and fill these open jobs. The H-2B program allows U.S. employers or U.S. agents who […]

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DOL Issues Four New Opinion Letters

The Department of Labor (DOL) announced today that it has issued four new opinion letters that demonstrate its commitment to providing meaningful compliance assistance to help employees understand their rights and ensure employers have the tools they need to comply with federal labor law. The letters address compliance under the Fair Labor Standards Act (FLSA) […]

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EBSA Proposes Automatic 401(k) Transfers Upon Job Loss or Change

The Employee Benefits Security Administration (EBSA) is seeking public commentary on a proposal to allow for the automatic transfer of 401(k) funds into an IRA or into another company’s 401(k) when a worker loses or changes jobs. Frequently, employees leaving their current place of employment with account balances in the company’s 401(k) plan either take […]

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