DOL-WHD

Memo
22-171
Monday, September 12, 2022

For 40 years, the Labor Department has insisted that to be enforceable, a settlement of Fair Labor Standards Act claims must be supervised by the agency or approved by a federal court. Two recent federal court rulings state that there is nothing in t


Memo
22-138
Thursday, July 21, 2022

MEMBER FEEDBACK REQUESTED. The Department of Labor has published proposed regulations pursuant to a Biden Executive Order issued late last year that would require a successor contractor on a contract covered by the Service Contract Act to give the pr


Memo
22-134
Monday, July 18, 2022

New guidance posted recently by the Department of Labor serves as a reminder that the Family and Medical Leave Act covers serious mental health conditions as well as serious physical health conditions.


Memo
22-100
Wednesday, May 25, 2022

A House of Representatives committee has approved a bill that would rewrite the FLSA to significantly expand the law’s disclosure and enforcement provisions. As our memo explains, however, the bill seems more intended as a political statement rather


Memo
22-078
Monday, April 25, 2022

In a political setback to the Biden Administration, the U.S. Senate has rejected the President’s nomination of former Obama-era Department of Labor Wage and Hour Administrator David Weil to serve in the same position again.


Memo
22-062
Wednesday, March 30, 2022

As expected, the proposed budget that the President has submitted to Congress to fund the government for the upcoming fiscal year beginning on October 1 asks for big funding increases for OFCCP and the EEOC, among other workplace enforcement agencies


Memo
22-054
Tuesday, March 22, 2022

The Labor Department is proposing a major revision of its regulations implementing the Depression-era Davis-Bacon Act. Under the proposal, it would be more likely that union wage rates would apply on federal construction projects, making it easier fo


Memo
22-055
Tuesday, March 22, 2022

A federal court has ruled that the Biden Administration failed to comply with applicable procedural requirements in attempting to withdraw a helpful employee classification rule issued by the Trump Labor Department. As a result, the Trump rule is in


Memo
22-050
Wednesday, March 16, 2022

The three agencies involved in the inter-agency anti-retaliation initiative announced by the Biden Administration last November recently held a second webinar to promote their efforts, once again stressing that the focus of the initiative is on prote


Memo
22-041
Tuesday, March 1, 2022

The 90-year-old Davis-Bacon Act sets wage and fringe benefit requirements on certain federal construction contracts. Because we get Davis-Bacon related compliance questions from time to time, we thought it might be helpful to prepare this primer on t


Memo
21-248
Tuesday, December 21, 2021

As President Biden’s first year in office draws to a close, we take a look at how many of his key appointments to run the agencies that regulate the workplace have been confirmed by the U.S. Senate, as well as a number of nominations that still await


Memo
21-245
Thursday, December 16, 2021

The Biden Administration’s latest semi-annual regulatory agenda contains a number of new items that will be of interest to CWC members, including new initiatives from OFCCP, DOL’s Wage and Hour Division, and the NLRB.


Memo
21-232
Tuesday, November 30, 2021

The Department of Labor has issued final regulations to implement President Biden’s Executive Order signed earlier this year that raises the minimum wage on covered federal contracts to $15.00 an hour beginning on January 30, 2022.


Memo
21-227
Wednesday, November 17, 2021

A recent federal appeals court ruling simply confirms that industry-supported revisions to regulations governing joint employment under the Fair Labor Standards Act that were issued in 2020 by the Trump Administration have been rescinded by the Biden


Memo
21-214
Wednesday, November 3, 2021

As expected, the Labor Department has issued a final rule rolling back revisions made by the Trump Administration to the regulations governing employers’ use of the tip credit under the Fair Labor Standards Act. Restoration of the so-called 80-20 rul


Memo
21-194
Wednesday, October 6, 2021

Because the temporary funding bill approved by Congress at the last minute to keep the government running until December 3 freezes agency budgets at last year’s levels, plans by the Labor Department and other workplace enforcement agencies to hire ad


Memo
21-189
Monday, September 27, 2021

The Department of Labor has allowed another portion of the revised “tip” regulations issued at the end of the Trump Administration to go into effect, albeit with changes demanded by worker advocates.


Memo
21-188
Tuesday, September 21, 2021

Pursuant to an Executive Order issued by former President Obama in 2014, federal contractors subject to that order will be required to start paying eligible workers a minimum wage of $11.25 (up from $10.95) an hour beginning January 1, 2022.


Memo
21-183
Wednesday, September 15, 2021

Congressional Democrats are moving forward with their $3.5 billion government spending bill, which also includes a host of major policy changes, some of which will have a major impact on workplace compliance.


Memo
21-172
Thursday, September 2, 2021

Our comments to the Labor Department regarding its proposed regulations to implement President Biden’s new Executive Order mandating a $15 an hour minimum wage on certain federal contracts urge consistency with regulations implementing a similar E.O.


Memo
21-169
Thursday, August 26, 2021

CWC has filed written comments with the Department of Labor opposing a new impractical test that DOL is proposing that will deter use of the so-called tip credit. Instead, our comments urge retention of a provision in last year’s revised tip regulati


Memo
21-163
Tuesday, August 17, 2021

The House of Representatives has approved big funding increases for several workplace enforcement agencies, including OFCCP and the NLRB. The House is also expected to approve a big increase for the EEOC as well. Final numbers will not be determined


Memo
21-155
Thursday, August 5, 2021

As expected, the Biden Labor Department has formally rescinded revised FLSA regulations issued by the Trump Administration that were designed to provide helpful guidance to employers and the courts on the standards that apply for determining whether


Memo
21-148
Tuesday, July 27, 2021

The Labor Department has issued proposed rules to implement a Biden Executive Order issued in April that increases the minimum wage on covered federal contracts to $15 an hour beginning on January 30, 2022.


Memo
20-229
Wednesday, November 18, 2020

The Department of Labor has issued two new opinion letters applying the Fair Labor Standards Act’s training and travel time regulations to a number of different scenarios.


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