For nearly three years now, the eyes of legal scholars, attorneys and employers alike have been on the United States Circuit Court of Appeals for the Ninth Circuit (Ninth Circuit), awaiting its decision on an appeal of the National Labor Relations Board’s (NLRB) decision in Cemex Construction Materials Pacific LLC (Cemex Decision). The Ninth Circuit has finally issued its decision – and completely sidestepped the issue which everyone was waiting to be addressed.
DOL Proposes New Uniform “Joint Employer” Rule
On April 23, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued a proposed rule seeking to establish a unified “Joint Employer” test under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).
Continue Reading DOL Proposes New Uniform “Joint Employer” RuleAppeals Court Affirms DOL Authority in Companionship Exemption Case
I was recently quoted in McKnight’s Home Care in connection with a new decision from the U.S. Court of Appeals for the Sixth Circuit that supports the Department of Labor’s pending reinstatement of the companionship exemption. The ruling is notable because it reinforces the DOL’s authority to interpret and update wage and hour rules under the Fair Labor Standards Act.
Continue Reading Appeals Court Affirms DOL Authority in Companionship Exemption CaseDOL Announces Enforcement Position on Independent Contractor Rule
On May 1, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin announcing that the Wage and Hour Division (WHD) will no longer enforce the 2024 independent contractor Final Rule previously established by the Biden administration for purposes of complying with the Fair Labor Standards Act (FLSA).
Continue Reading DOL Announces Enforcement Position on Independent Contractor RuleUpdated Voluntary Fiduciary Correction Program for ERISA Plans Includes Self-Correction Features
As announced in our previous HR Law Talk blog post, on January 15, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) published a much anticipated amended and restated version of the Voluntary Fiduciary Correction Program (VFCP) in the Federal Register, which now includes two self-correction features. The VFCP, initially adopted in 2002 and last amended in 2006, allows ERISA plan administrators, plan sponsors, and other plan officials to correct certain fiduciary breaches and receive relief from potential DOL civil enforcement actions.
Continue Reading Updated Voluntary Fiduciary Correction Program for ERISA Plans Includes Self-Correction FeaturesWebinar | ICE Workplace Raids: Best Practices and Preparation for Employers
Along with my colleagues Anna Grizzle, Lisa Rivera and Elizabeth Warren, I provide guidance and best practices on effectively responding to a U.S. Immigration and Customs Enforcement (ICE) raid.
Continue Reading Webinar | ICE Workplace Raids: Best Practices and Preparation for EmployersFederal Judge Strikes Down Increased FLSA Salary Basis Threshold
A federal judge in Texas recently ruled that the Department of Labor (DOL) did not have the authority to increase the salary basis threshold for the so-called “white-collar” exemptions from overtime. This ruling means that the new rule has been vacated nationwide, will not go into effect, and the previous increase has been rescinded.
Continue Reading Federal Judge Strikes Down Increased FLSA Salary Basis ThresholdSupreme Court Overturns Landmark Chevron Decision: Expect Impact on Employment Decisions
On June 28, the U.S. Supreme Court overturned the landmark Chevron decision, which had required courts to uphold a federal agency’s interpretation of a statute as long as it was reasonable. Now, courts are required to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency’s interpretation of the law simply because a statute is ambiguous.
Continue Reading Supreme Court Overturns Landmark Chevron Decision: Expect Impact on Employment DecisionsDOL Announces Final Overtime Rule Increasing Salary Threshold
The U.S. Department of Labor (DOL) announced a Final Rule increasing the salary threshold for Fair Labor Standards Act (FLSA) overtime exemptions, a move which the DOL anticipates will result in around four million additional workers becoming eligible for overtime pay.
Continue Reading DOL Announces Final Overtime Rule Increasing Salary ThresholdHR.com Article on Contingent Workforce
Our article, “Contingent Workforce: Implications of DOL’s Final Rule on Employers,” was published in the March 2024 issue of HR.com’s HR Legal & Compliance Excellence Magazine.
Continue Reading HR.com Article on Contingent Workforce