About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Category Archives: DOL
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
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
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
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
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.
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
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
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
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.
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.
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
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.
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
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
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