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Showing 15 posts in Department of Labor.

EEOC Announces Due Date for Collection of 2017 and 2018 EEO-1 Race, Gender, and Ethnicity Pay Data, DOL Files Appeal

The EEOC is immediately reinstating the revised EEO-1 pay data survey previously put on hold by the Office of Management and Budget (OMB), even as the U.S. Department of Labor seeks to challenge the court ruling that mandated the data collection. The deadline for filing Component 2 data for calendar years 2017 and 2018 will be September 30, 2019. The EEOC will begin collecting Component 2 data sometime in mid-July, but the precise date is still unknown. The EEOC will notify filers of the opening date "as soon as it is available." More ›

DOL Proposes Tweaks to FLSA Regular Rate Regulations, Changes Won't Impose New Regulatory Requirements

The Wage and Hour Division of the U.S. Department of Labor (DOL) has announced proposed changes to the regular rate regulations of the Fair Labor Standards Act (FLSA). According to the DOL, the proposed changes are focused on updating and clarifying the regular rate regulations, and intended to encourage employers to provide additional benefits to workers without inviting litigation. More ›

Employee Participation in an Employer-Sponsored Volunteer Program is Not Compensable, DOL Says

The Department of Labor (DOL), Wage and Hour Division, recently issued its first set of opinion letters for 2019. One of the letters, FLSA2019-02, addresses whether employee time spent participating in an employer's optional volunteer program is compensable work time under the Fair Labor Standards Act (FLSA). As many employers today offer optional volunteer programs to their employees, this opinion letter is helpful for employers to determine whether employee time spent volunteering with such a program is compensable. More ›

Labor Department Provides Guidance on Compensating Employee Travel Time

The Labor Department, Wage & Hour Division, issued an Opinion Letter earlier this week answering questions about the compensability of travel time for hourly technicians under the Fair Labor Standards Act (FLSA). The technicians did not work at a fixed location or a fixed daily schedule. They worked 8 to 16 hours per day at various locations. Sometimes they stayed in hotels overnight or traveled out of town for training courses. The employer provided technicians company vehicles, which they could use for both work and personal purposes. More ›

The Unringing of the Bells, Part Two: The DOL

Over the last month, we have seen a number of significant restorations of status quo antes. These have come in the form of reverting to earlier precedent, regulations, or guidance. Without further ado, we present some of the more notable developments: More ›

DOL Says Hello to Primary Beneficiary Intern Test, Goodbye to 6-Factor Test

Earlier this month, the U.S. Department of Labor announced it will now use the primary beneficiary test” to determine whether an intern must be paid.  Its announcement comes in the wake of the 9th Circuit’s adoption of the test, joining the 2nd, 6th, and 11th Circuits.  With the announcement, the DOL also updated Fact Sheet #71: Internship Programs Under The Fair Labor Standards Act. These moves displace a 6-part test the DOL adopted in 2010 that required all factors weigh in favor of the employer. More ›

Obama Administration’s Overtime Rule Invalidated

A federal judge from Texas struck down the Obama administration’s overtime rule, finding the salary-level test set forth by the Department of Labor did not account for an analysis of an employee’s job duties for purposes of determining whether an employee is exempt from overtime pay.  A copy of the court's opinion is available here. More ›

Department of Labor Seeks Delay of Fiduciary Rule Implementation Until July 2019

The U.S. Department of Labor has moved to delay implementation of three exemptions of the “fiduciary rule” until July 2019. The regulation, which partially went into effect earlier this year, requires financial advisers to put retirees’ interests ahead of their own when providing investment advice regarding the customers’ retirement accounts. The provisions impacted by the delay include what is known as the “best interest contract” exemption, a requirement mandating advisers and financial institutions sign contracts agreeing to put their clients’ interests ahead of their own before servicing such clients. The best interest contract exemption would also allow investors to bring class-action lawsuits against advisers and financial firms.  The Department of Labor has sought to postpone implementation of the principal transactions exemption and amendments to the prohibited transaction exemption 84-24 as well. The exemptions were originally set to take effect January 1, 2018. More ›

Uncle Sam Wants You . . . To Tell Him a Little About Overtime

A Department of Labor (DOL) 2016 Final Rule pushed federal regulations under the Fair Labor Standards Act (FLSA) that would have more than doubled the “threshold” below which nearly every salaried employee would be entitled to overtime. In November 2016, a federal district court prevented the new threshold from coming into effect, and the subsequent election of President Trump called into doubt whether revised rules would ever be implemented. More ›

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