Category Archives: DOL

U.S. Department of Labor Cracks Down on Overtime Violations with $18M Halliburton Settlement

The U.S. Department of Labor (DOL) demonstrated the seriousness of its focus on overtime pay violations with a record-setting recovery of more than $18.3 million in wages the agency determined was due to more than 1,016 employees of Halliburton, the … Continue reading

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U.S. Department of Labor Expands State-Level Partnerships to Enforce Employee Classification Standards

On August 13, 2015, the U.S. Department of Labor announced the formal signing of a three-year Memorandum of Understanding (MOU) between DOL and the Alaska Department of Labor and Workforce Development for the purposes of sharing information and coordinating law … Continue reading

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Latest FLSA and EEOC Changes Drive Dramatic Shifts in Overtime, Classification and Discrimination

The summer of 2015 continues to be a busy time for federal agencies with responsibility for regulating employment matters. The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) issued new interpretations of key employment principles that are … Continue reading

Posted in Discrimination, DOL, EEOC, Employee Classification, Employee Policies & Procedures, FLSA/Overtime, Independent Contractors, Overtime | Leave a comment

Court Finds that Unpaid Internships Are Legal Where Educational Benefit is Clear

A federal appeals court ruled in July 2015 that Fox Searchlight Pictures did not violate minimum wage laws by employing unpaid interns on the set of the film “Black Swan”. The ruling sets aside a lower court’s decision and sends … Continue reading

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Proposed DOL Changes May Set the Stage for Overtime Shift with Salaried Employees

New regulations pertaining to overtime pay proposed by the Obama administration may force many employers to correct a longstanding assumption about employee classification, particularly as they come to terms with changes that will significantly expand employee eligibility for overtime pay.

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Final Rule Issued on FMLA Definition of “Spouse”

On February 25, 2015, the U.S. Department of Labor (“DOL”) issued a final rule changing the regulatory definition of “spouse” under the Family and Medical Leave Act (“FMLA”) to permit individuals in valid, same-sex marriages to receive FMLA spousal care … Continue reading

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DOL Signs Memorandum of Understanding with Florida to Reduce Misclassification of Employees

On January 13, 2015, the U.S. Department of Labor issued a press release stating that officials from the U.S. Labor Department and the Florida Department of Revenue inked a memorandum of understanding intended to prevent the misclassification of employees as independent … Continue reading

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Home Care Association of America v. Weil, Case No. 14-cv-0967(RJL)

Third-party providers of home care workers are breathing a collective sigh of relief after a federal court struck down a rule that would have required compliance with minimum wage and overtime requirements for certain employees.  In Home Care Association of … Continue reading

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$10.2 Million Awarded to States to Fund Worker Misclassification Detection and Enforcement

Last month, the U.S. Department of Labor issued a press release announcing that $10.2 million had been awarded to 19 states to implement or improve worker misclassification initiatives.

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U.S. DOL and New York Sign Agreement to Reduce Misclassification of Employees as Independent Contractors

New York State Labor Department and Attorney General have signed a memorandum of understanding with the U.S. Department of Labor to increase enforcement efforts against employers suspected of misclassifying workers as independent contractors. More after the break.

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Trade Association Sues OFCCP To Challenge New Rehabilitation Act Rule

Associated Builders and Contractors, Inc. (ABC), a construction trade association, has sued the director of the OFCCP and the Secretary of Labor seeking to exclude government contractors in the construction industry from the data collection and utilization review analysis requirements … Continue reading

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DOL Releases Final Rule On Direct Care Workers

The U.S. Department of Labor issued a final rule today providing for coverage of direct care workers under the Fair Labor Standards Act.  More after the break.

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OFCCP Announces a Final Rule Implementing Utilization Goals for the Employment of Individuals with Disabilities and Veterans

The OFCCP has officially announced a Final Rule for the amended Section 503 of the Rehabilitation Act of 1973 and VEVRAA’s Section 4212.  These rules provide required metrics to measure federal contractors’ progress toward achieving equal opportunity for people with … Continue reading

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OFCCP Publishes New Federal Contract Compliance Manual

On August 23, 2013, the OFCCP released the new Federal Contract Compliance Manual (FCCM).  The FCCM provides “the procedural framework for executing quality and timely compliance evaluations and complaint investigations.”   The process for OFCCP desk audits, onsite reviews, compliance evaluations, and complaint … Continue reading

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OFCCP Finally Submits New Disability And Veterans Regulations to OMB

On July 31, 2013, the Office of Federal Contract Compliance Programs (OFCCP) sent its final rules amending federal contractors’ affirmative action and nondiscrimination obligations in regard to disabled persons and protected veterans to the Office of Management and Budget (OMB) … Continue reading

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