NLRB Rules Individual Filing a Lawsuit Is ‘Protected, Concerted Activity’

The National Labor Relations Board (NLRB), with a 2-1 majority, ruled this past week that a lone employee filing a lawsuit that seeks class action status is engaging in “protected, concerted activity,” and thus that person’s subsequent termination was illegal. The two affirming members wrote: [T]he Board has never been squarely presented with the question […]

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DOL Ratchets Up Campaign Against Independent Contractor Misclassification

The Wage and Hour Division (WHD) of the Department of Labor (DOL) today issued another broadside against employer misuse of the independent contractor job status to avoid the responsibilities of labeling and treating a worker as an employee. WHD administrator David Weil issued an interpretation titled “The Application of the Fair Labor Standards Act’s ‘Suffer or […]

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Obama Overtime Rule Published, Public Comments Close on Sept. 4

The Department of Labor (DOL) and its Wage and Hour Division (WHD) today published their proposed new overtime rules in the Federal Register, opening a public commentary period that will close 60 days after publication, on Sept. 4. As announced last week by President Obama, the rule would set the threshold for exempt employee status at a salary of […]

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Unanimous Supreme Court Rules in Favor of DOL Interpretive Rule

The Supreme Court has ruled that federal agencies may issue initial and amended interpretive rules without advance notice and without soliciting commentary from interested parties. The case was Perez v. Mortgage Bankers Association (MBA). Thomas Perez is secretary of the Department of Labor (DOL), and at issue was his agency’s abrupt switch from previous interpretations […]

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DOL’s Home Health Care Worker Rule Truncated Even More

Following its decision in December that vacated a rule by the Department of Labor (DOL) to force third-party employers to pay home health care workers minimum wages and overtime, the District Court for the District of Columbia yesterday threw out Section 552.6 of the same rule, which sought to narrow the definition of “companionship services” […]

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Court Voids DOL’s Home Health Care Minimum Wage Rule

The U.S. District Court for the District of Columbia on Monday struck down a Department of Labor (DOL) rule folding home health care workers into the wage provisions of the Fair Labor Standards Act (FLSA), calling the rule a “thinly-veiled effort to do through regulation what could not be done through legislation.” The Wagner Act of […]

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Harvest Time Sees WHD Investigators Rooting Out Violations

The fall harvest season has always been a time for celebration when communities across the country honor the fruits of farm labor. While we enjoy things like fresh cider and pumpkin pie, it’s important to remember that all of that is made possible thanks to agricultural workers who labor through long and often hot days […]

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Suit Against NCAA Claims Student Athletes Are Covered Under the FLSA

A former college athlete is suing the National Collegiate Athletic Association (NCAA) and a slew of Division 1 colleges and universities, alleging that student athletes should be covered by the wage and hour provisions of the Fair Labor Standards Act (FLSA), the law which regulates minimum wages and overtime. The suit maintains that the NCAA […]

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DOL Delays Action on ‘White Collar’ Overtime Exemption Rule

Along with the home care worker rule, the Department of Labor (DOL) has confirmed that work on a rule redefining the exemptions from overtime pay for professional, executive, administrative, outside sales and computer employees has been delayed until next year. The department’s Semiannual Regulatory Agenda had targeted November 2014 as the goal for the redefinition, […]

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DOL Solicitor Confirms Home Care Worker Amendment Delayed

A few days after labor and advocate organizations beseeched the Department of Labor (DOL) not to delay or give up on it, the DOL Solicitor, M. Patricia Smith, announced that the proposed amendment to the Fair Labor Standards Act (FLSA) to incorporate home care workers won’t be ready by November, as the department’s regulatory agenda had forecast. […]

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