The autumn leaves are turning, football season is gathering momentum, Congress is reconvening, and at Ogletree Deakins, we are celebrating the first anniversary of Compass and reflecting on all that has changed in the last...more
10/14/2019
/ Artificial Intelligence ,
Data Collection ,
Department of Labor (DOL) ,
EEO-1 ,
Employee Benefits ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
H-1B ,
Hairstyle Discrimination ,
Independent Contractors ,
Labor Regulations ,
New Legislation ,
NLRB ,
OFCCP ,
Over-Time ,
Pay Gap ,
Retirement Plan ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Union Elections ,
Wage and Hour ,
White-Collar Exemptions
In its final part 541 overtime rule, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) set the salary level or amount test at $684 per week/$35,568 per year for exempt executive, administrative, and...more
If you are a sports fan, then you might consider the regulatory agenda of the U.S. Department of Labor (DOL) in general, and the Wage and Hour Division (WHD) in particular, as winding down to the end of the third quarter of a...more
8/24/2019
/ Comment Period ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Fluctuating Workweek ,
NPRM ,
OIRA ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Tip Credit ,
Tipped Employees ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
NLRB Returns to Traditional Independent Contractor Standard -
On January 25, 2019, in SuperShuttle DFW, Inc., the National Labor Relations Board (NLRB) returned to its traditional independent contractor standard based on the...more
4/15/2019
/ EEO-1 ,
Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
H-1B ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
New Legislation ,
NLRB ,
Non-Compete Agreements ,
OSHA ,
Over-Time ,
Pay Gap ,
Recordkeeping Requirements ,
State and Local Government ,
State Labor Laws ,
Telecommuting ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules ,
Workplace Safety
Slightly more than two weeks after it announced its notice of proposed rulemaking (NPRM) to revise the part 541 overtime exemption regulations, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published the...more
On March 7, 2019, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) announced the release of its Notice of Proposed Rulemaking (NPRM) to revise the regulations defining who is an executive, administrative,...more
On March 7, 2019, the U.S. Department of Labor (DOL) unveiled its new overtime proposal in a Notice of Proposed Rulemaking (NPRM), which would update the salary thresholds according to which workers are entitled to overtime...more
The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) officially sent its notice of proposed rulemaking (NPRM) to revise the Part 541 regulations to the Office of Information and Regulatory Affairs (OIRA) of the...more
1/18/2019
/ Appeals ,
Department of Labor (DOL) ,
Executive Orders ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
NPRM ,
OIRA ,
OMB ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
On August 27, 2018, the U.S. Department of Labor (DOL) announced that it would be conducting a series of listening sessions in various cities across the United States to solicit feedback on the overtime rule. The DOL, which...more
In its April 2, 2018, decision in Encino Motorcars, LLC v. Navarro, the Supreme Court of the United States issued its second opinion in this case and definitively ruled that automobile service advisors are exempt from...more
4/3/2018
/ Car Dealerships ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Over-Time ,
SCOTUS ,
Service Advisors ,
Wage and Hour ,
White-Collar Exemptions
As Secretary of Labor Alexander Acosta testified in early June, the Department of Labor’s (DOL) Wage and Hour Division (WHD) has issued its request for information (RFI) on the Part 541 overtime regulations that were...more
At a U.S. Department of Labor (DOL) budget hearing before the Subcommittee for Labor, Health and Human Services, Education, and Related Agencies of the Appropriations Committee for the U.S. House of Representatives, Secretary...more
By almost all accounts, the Trump administration, under the leadership of Secretary of Labor-designate Andrew Puzder, should inherit the part 541 regulations of the Obama administration that dramatically increased the salary...more
On June 20, 2016, the Supreme Court of the United States issued a ruling regarding the Fair Labor Standards Act’s (FLSA) overtime exemption for “any salesman, partsman, or mechanic primarily engaged in selling or servicing...more
6/21/2016
/ Arbitrary and Capricious ,
Car Dealerships ,
Chevron Deference ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Navarro v Encino Motorcars ,
Over-Time ,
SCOTUS ,
Service Advisors ,
Wage and Hour ,
White-Collar Exemptions
The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per...more
The U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA’s) Part 541 overtime regulations to the Office of Information and Regulatory Affairs...more
On March 15, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s Part 541 overtime regulations to the Office of Information and Regulatory...more
In testimony before the House Education and Workforce Committee on Tuesday, March 16, 2016, U.S. Secretary of Labor Thomas E. Perez commented about several regulatory priorities and other U.S. Department of Labor (DOL)...more
3/18/2016
/ Congressional Investigations & Hearings ,
CRA ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
OIRA ,
Over-Time ,
Presidential Veto ,
Proposed Legislation ,
Secretary of Labor ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Labor’s (DOL) Wage and Hour Division just delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA) Part 541 overtime regulations to the Office of Information and Regulatory...more
3/16/2016
/ Congressional Investigations & Hearings ,
CRA ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
OIRA ,
Over-Time ,
Presidential Veto ,
Proposed Regulation ,
Wage and Hour ,
White-Collar Exemptions
A federal appellate court recently dismissed a lawsuit brought by a paramedic who claimed that his employer unlawfully placed him on alternative duty after he refused to participate in a wellness program. According to the...more
Now that the Obama Administration and U.S. Department of Labor (DOL or Department) have released its proposal to revise the Part 541 overtime regulations, it is important to understand what may be next and when we can expect...more
7/9/2015
/ Barack Obama ,
Department of Labor (DOL) ,
Executive Orders ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Non-Exempt Employees ,
NPRM ,
Regulatory Agenda ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
On June 30, 2015, the U.S. Department of Labor (DOL) announced its long-awaited proposed rule that would revise the regulations concerning the white collar exemption contained in section 13(a)(1) of the Fair Labor Standards...more