Welcome to the inaugural issue of our new quarterly newsletter, Ogletree Deakins Compass. We hope you enjoy the publication, which contains some of the familiar features of the Employment Law Authority, but also has a few new...more
10/4/2018
/ Association Health Plans ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Foreign Workers ,
H-1B ,
Health Insurance ,
Immigration Procedures ,
Judges ,
Marijuana ,
Multinationals ,
New Legislation ,
Nominations ,
OFCCP ,
Opinion Letter ,
Paid Leave ,
Pay Equity Laws ,
SCOTUS ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
USCIS ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
Approximately three years after the National Labor Relations Board (NLRB) turned its decades old joint-employer standard on its head in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, on...more
9/14/2018
/ Browning-Ferris Industries of California Inc. ,
Comment Period ,
Franchisors ,
Joint Employers ,
NLRA ,
NLRB ,
Proposed Amendments ,
Public Comment ,
Rulemaking Process ,
Staffing Agencies ,
Wage and Hour
The Buzz returns renewed and reenergized from last week’s highly successful Workplace Strategies conference in Phoenix, Arizona, where approximately 800 employer representatives gathered with Ogletree Deakins lawyers to...more
5/21/2018
/ Anti-Commandeering ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Highly-Skilled Workers Visa ,
Joint Employers ,
Memorandum of Understanding ,
NLRB ,
OFCCP ,
Proposed Legislation ,
SCOTUS ,
Tenth Amendment ,
Unpaid Overtime ,
USCIS ,
Wage and Hour
PAID Underway. On April 3, the Department of Labor’s (DOL) Wage and Hour Division (WHD) officially launched its Payroll Audit Independent Determination (PAID) program to encourage employers to voluntarily resolve potential...more
4/6/2018
/ Audits ,
Claim Procedures ,
Department of Labor (DOL) ,
Disability Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
H-1B ,
Navarro v Encino Motorcars ,
Self-Reporting ,
USCIS ,
Wage and Hour
It’s spring recess in D.C., and the Senate and House will be off for two weeks. While the recess means lighter traffic, it doesn’t mean that the labor and employment policy machine grinds to a halt....more
4/2/2018
/ Americans with Disabilities Act (ADA) ,
Browning-Ferris Industries of California Inc. ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
NLRB ,
OFCCP ,
OIG ,
Persuader Rules ,
Proposed Legislation ,
Unions ,
Wage and Hour
DACA Deadline Day. To the surprise of almost no one, March 5 has come and gone, and Congress did not reach a deal on the Deferred Action for Childhood Arrivals (DACA) issue. This Congress has enough trouble agreeing on...more
Déjà Vu All Over Again? It is perhaps fitting that last Friday was Groundhog Day, as this week we relived the same government funding battle that we went through just a few weeks ago. Thankfully, because the shutdown card has...more
2/12/2018
/ Administrative Interpretation ,
Criminal Background Checks ,
DACA ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Government Shutdown ,
Multi-Employer Pensions ,
NLRB ,
Paid Leave ,
Political Parties ,
Tip-Pooling ,
Trump Administration ,
Wage and Hour
Between September 26, 2017, when for the first time in nearly a decade Republicans controlled the majority at the National Labor Relations Board (NLRB), and December 16, 2017, when Chairman Philip Miscimarra’s term expired...more
2/6/2018
/ Ambush Election Rules ,
Boeing ,
Collective Bargaining ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Opinion Letter ,
State Labor Laws ,
Tip-Pooling ,
Unions ,
Unpaid Interns ,
Wage and Hour
“Okay, campers, rise and shine, and don’t forget your booties ‘cause it’s cooooold out there today.” Here is your Groundhog Day Beltway Buzz...more
Some welcome hot air has finally come to D.C., and it’s not just coming from the mouths of politicians and regulators. Seriously. It’s 60 degrees today in D.C.! This time last week, it was 20 degrees. That’s quite a flip-flop...more
Another hectic week here in D.C. has us feeling like we’re living in a glass case of emotion. Here’s why...more
12/11/2017
/ Blacklist ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
First Amendment ,
NDAA ,
NLRB ,
NLRB General Counsel ,
OSHA ,
Paid Leave ,
SCOTUS ,
Tip Credit ,
Wage and Hour
2016 Overtime Rules Invalidated. U.S. District Court invalidates 2016 changes to overtime rules. Steven F. Pockrass has the details here....more
9/1/2017
/ Affordable Care Act ,
Beryllium Exposure ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Fiduciary Rule ,
Joint Employers ,
OMB ,
Opinion Letter ,
OSHA ,
Pay Equity Laws ,
Persuader Rules ,
Reporting Requirements ,
Unions ,
Volks Rule ,
Wage and Hour
THE TIME IS RIGHT FOR . . . OSHA’S YEARLY SUMMER HEAT CAMPAIGN -
On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: Water. Rest. Shade....more
8/4/2017
/ Administrative Interpretation ,
Ban the Box ,
Criminal Background Checks ,
Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
H-1B ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Minimum Salary ,
Misappropriation ,
New Legislation ,
Opinion Letter ,
OSHA ,
Over-Time ,
Paid Time Off (PTO) ,
Persuader Rules ,
Sick Leave ,
Trade Secrets ,
Wage and Hour ,
Wage Theft ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety
On May 2, 2017, the U.S. House of Representatives passed H.R. 1180, the Working Families Flexibility Act of 2017. Commonly referred to as the “comp time” bill, H.R. 1180 would amend the Fair Labor Standards Act to allow...more