DOL-WHD

Memo
24-019
Monday, January 29, 2024

Limited enforcement data reported recently by the Labor Department under the Family and Medical Leave and Fair Labor Standards Acts covering fiscal year 2023 do not show much of a change from FY 2022.


Memo
24-011
Tuesday, January 16, 2024

The Labor Department has reinstated a controversial interpretation of the test for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act that raises the stakes for an employer that makes the wrong


Memo
23-236
Thursday, December 14, 2023

The Biden Administration’s latest regulatory agenda lists several new items added by the EEOC, while indicating that OFCCP has hit the pause button on several previously listed items of interest to federal contractors.


Memo
23-233
Tuesday, December 12, 2023

Under federal law and implementing regulations issued by the Labor Department, a salaried executive, administrative, or professional employee must be paid a minimum salary to be considered exempt from overtime. The federal threshold is a floor, howev


Memo
23-220
Wednesday, November 15, 2023

Just four years after the Labor Department revised its regulations to make many more white collar workers eligible for overtime pay, DOL is proposing to do so again. CWC’s comments on the proposal question its need, as well as whether it exceeds DOL’


Memo
23-208
Monday, October 30, 2023

In developments of note regarding the status of President Biden’s nominations to serve in key workplace enforcement agency positions, the U.S. Senate has confirmed Jessica Looman as the Labor Department’s new Wage and Hour Administrator while a Senat


Memo
23-183
Tuesday, September 19, 2023

Two agencies with broad authority over federal employment laws have signed a Memorandum of Understanding designed to further enhance their enforcement efforts.


Memo
23-172
Tuesday, September 5, 2023

MEMBER FEEDBACK REQUESTED. The Biden Administration’s Department of Labor has published its long-expected proposal to amend the “white collar” regulations under the Fair Labor Standards Act in order to extend overtime eligibility to numerous salaried


Memo
23-167
Wednesday, August 23, 2023

As expected, the Department of Labor has issued final revised regulations under the federal Davis-Bacon Act that will make it much easier for unionized construction companies to win federal contracts.


Memo
23-156
Monday, August 7, 2023

Congress has made some progress on advancing the various appropriations bills that will fund the federal government for fiscal year 2024, although the House and Senate are far apart on how much money they want to give to agencies such as OFCCP and th


Memo
23-145
Monday, July 24, 2023

For the second time, a federal trial court in Texas has rejected an attempt by the restaurant industry to block enforcement of revised “tip credit” regulations issued by the Biden Administration’s Labor Department.


Memo
23-143
Wednesday, July 19, 2023

In a rare opinion letter issued by the Labor Department interpreting the Family and Medical Leave Act, the agency discusses how leave should be calculated when an employee is on approved leave for less than a full week that includes a holiday.


Memo
23-136
Monday, July 10, 2023

In one of the relatively rare decisions issued by a federal appeals court interpreting the Worker Adjustment and Retraining Notification Act, the Second Circuit addresses the key term “operating unit.”


Memo
23-106
Tuesday, May 30, 2023

The Labor Department recently published a new version of its poster informing employees of their rights under the Family and Medical Leave Act. Although employers are free to use the new poster, they can continue to meet their FMLA notice obligations


Memo
23-102
Monday, May 22, 2023

New guidance issued by the Labor Department summarizes the broad provisions of a law enacted by Congress late last year that expands workplace protection for employees to express milk.


Memo
23-094
Wednesday, May 10, 2023

A federal appeals court has ruled that a lawsuit challenging revised “tip” regulations issued by the Labor Department in 2021 should get another look from the trial court in determining whether the regulations should be enjoined.


Memo
23-070
Wednesday, April 5, 2023

The Department of Labor’s Wage and Hour Division has issued its first opinion letter under the Family and Medical Leave Act, opining on how reduced schedule FMLA leave can protect an employee with a chronic health condition from having to work mandat


Memo
23-056
Thursday, March 16, 2023

The President’s opening bid in a process that will ultimately determine federal government funding levels for fiscal year 2024, which begins on October 1, contains huge proposed increases for agencies such as OFCCP, the Wage and Hour Division, and th


Memo
23-053
Monday, March 13, 2023

In conjunction with the 30th anniversary of the federal Family and Medical Leave Act, we are sharing a copy of CWC’s popular FMLA Compliance Outline, a comprehensive resource designed to assist our members in understanding the FMLA’s basic requiremen


Memo
23-045
Tuesday, February 28, 2023

Despite the fact that a worker made more than $200,000 a year, the Supreme Court has ruled that he was entitled to overtime pay because his employer could not show that it complied with the Labor Department’s so-called “salary basis” test under the F


Memo
23-041
Friday, February 24, 2023

The Labor Department reports that the number of administrative complaints it closed in fiscal year 2022 alleging overtime and minimum wage violations under the Fair Labor Standards Act declined for the 10th straight year.


Memo
23-039
Wednesday, February 22, 2023

A federal trial court in Arizona has rejected a challenge brought by five states questioning the legality of a Biden Executive Order that raised the minimum wage payable on certain federal contracts to $15 an hour, finding the President acted within


Memo
23-035
Wednesday, February 15, 2023

The Labor Department reports that in fiscal year 2022 it resolved the fewest number of administrative complaints filed under the Family and Medical Leave Act since the law was enacted in 1993.


Memo
23-018
Tuesday, January 24, 2023

But for a handful of new initiatives, the biggest change in the Biden Administration’s latest semi-annual regulatory agenda from its predecessor is a push back in estimated completion dates for items previously listed.


Memo
23-011
Wednesday, January 18, 2023

A new law approved by the last Congress shortly before it adjourned expands the 2010 “Break Time for Nursing Mothers Act” to cover executives, managers, and professionals who were previously exempt from the law’s protection.


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