News & Analysis as of

Employer Liability Issues Deregulation Regulatory Reform

Seyfarth Shaw LLP

Trump Budget Plan Proposes Big Cuts to OSHA, Lowering Head Count and Limiting Enforcement Capabilities

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The Trump Administration’s fiscal year 2026 budget proposal includes big cuts for OSHA. The Fiscal Year 2026 Congressional Budget Justification is available...more

Seyfarth Shaw LLP

On And On We Go – Coalition Groups Sue DOL For The Rollback Rule

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Seyfarth Synopsis: OSHA has just been sued for removing the requirements for establishments with 250 or more employees to electronically submit information from OSHA Form 300 (Log of Work-Related Injuries and Illnesses), and...more

Best Best & Krieger LLP

How Will a Much-Anticipated Joint Employer Decision Impact Private and Public Employers? - Browning-Ferris Industries v. NLRB

The District of Columbia U.S. Circuit Court of Appeals’ decision in Browning-Ferris Industries of California, Inc. v. National Labor Relations Board held that an employer’s authorized, but unexercised...more

Franczek P.C.

What Duties Can A Server Perform Under the Tip Credit Rules? [Wage & Hour FAQ]

Franczek P.C. on

Q. We use the tip credit for servers who work in our restaurant. When service is slow, we ask our servers to pitch in with other jobs around the restaurant, like sweeping up the dining room and cleaning the restroom. ...more

Polsinelli

The U.S. DOL Saves the Day: So Long to the 80/20 Rule

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The application of the 80/20 Rule has been a hot topic in the restaurant industry the last several years because it is the foundation of an onslaught of collective and class action litigation brought by service workers...more

FordHarrison

Department of Labor Relaxes Rules for Tipped Employees

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The Department of Labor’s Wage and Hour Division (WHD) has announced it will no longer apply the “80/20 rule” to tipped employees, and will no longer require employers to pay the full minimum wage for time spent by a tipped...more

Troutman Pepper Locke

NLRB Proposes New Rule on Joint Employer Standard

Troutman Pepper Locke on

On September 14, 2018, the National Labor Relations Board (NLRB) proposed a new regulation that would make it more challenging to establish joint employer status under the National Labor Relations Act....more

Stinson LLP

The NLRB Proposes New Joint Employer Standard

Stinson LLP on

On September 14, 2018, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking for the joint-employer standard. Under the proposed rule, entities would be joint employers "if the two employers...more

Franczek P.C.

Out With the New and in With the Old? Board Issues Proposed Rule Which Would Restore Prior Joint-Employer Standard

Franczek P.C. on

On Thursday, September 13, the National Labor Relations Board (the “Board”) signaled its intent to return to its pre-Obama Board test for establishing joint-employer status....more

FordHarrison

NLRB Proposes Regulation to Resolve Joint Employer Issue

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On September 14, 2018, the National Labor Relations Board (NLRB) published a proposed new regulation to establish the standard for determining when two businesses are joint employers of a group of employees. ...more

Polsinelli

OSHA announces changes to Electronic Recordkeeping Rule

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In the waning days of President Obama’s Administration, the Occupational Safety and Health Administration (“OSHA”) announced sweeping changes to its recordkeeping rule, originally to be effective January 1, 2017, which...more

Akerman LLP - HR Defense

Congress and the Trump Administration Cannonballs into the Tip Pool

Buried in the 2,232 page omnibus budget bill recently signed by President Trump was an important change regarding the use of tip pools. ...more

Littler

DOL Clarifies Amendment to the FLSA's Tip Pool Rules

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On March 27, 2018, President Donald Trump signed into law Congress’s $1.3 trillion, 2,232-page omnibus budget bill, the Consolidated Appropriations Act, 2018. ...more

Franczek P.C.

New Tip Pool Rules - Changes to the FLSA and DOL Guidance

Franczek P.C. on

If you’ve been paying attention to the news relating to wage and hour law (and really, who isn’t?), you may recently have heard quite a bit about new federal rules on tipped employees, and more recently Congress stepping in...more

Sheppard Mullin Richter & Hampton LLP

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

Seyfarth Shaw LLP

OSHA Removes List of “Workplace Fatalities” from its Website Home Page

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Seyfarth Synopsis: In another example of OSHA’s refocus it has dropped from its home page the prominently placed listing of Worker Fatalities. ...more

Akerman LLP - HR Defense

Just A Tip: DOL One Step Closer To Rescinding Tip Pooling Regulation

Good news for restaurant employers: the regulation that says tips belong to the employee – regardless of whether the employer takes the tip credit or pays the full minimum wage — may soon be history. Last week, the Department...more

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