DOL-WHD

Memo
24-202
Thursday, December 5, 2024

The Department of Labor has proposed phasing out a program that allows payment of “subminimum wages” to individuals with disabilities. Comments are due by January 17, 2025, the last business day during the Biden Administration.


Memo
24-201
Wednesday, December 4, 2024

A new opinion letter expresses the Labor Department’s view that FMLA leave is available to eligible employees that participate in clinical trials, regardless of whether they receive an experimental treatment or a placebo.


Memo
24-199
Monday, December 2, 2024

A federal appeals court ruled that President Biden exceeded his authority when he raised the federal contractor minimum wage to $15 per hour. This decision marks growing disagreement between courts regarding the President’s powers under the Procureme


Memo
24-195
Thursday, November 21, 2024

A federal district court has vacated the Biden Administration’s rule increasing the minimum salary level to classify a worker as an exempt executive, administrative, or professional employee.


Memo
24-194
Wednesday, November 20, 2024

Limited enforcement data reported by the Labor Department under the Fair Labor Standards Act show that DOL recovery of back wages for violations has dropped to its lowest level in a decade.


Memo
24-189
Monday, November 11, 2024

Limited enforcement data reported by the Labor Department under the Family and Medical Leave Act show that DOL findings of violations have increased for the second year in a row.


Memo
24-167
Wednesday, October 2, 2024

The minimum wage rate on certain government contracts subject to coverage under separate Executive Orders issued by Presidents Obama and Biden will increase on January 1, 2025.


Memo
24-158
Wednesday, September 18, 2024

In a ruling that has implications for pending legal challenges to Biden Administration revisions to the FLSA’s white collar overtime exemption regulations, the appeals court has ruled the Department of Labor has authority to impose a salary level tes


Memo
24-146
Thursday, August 29, 2024

The federal appeals court has thrown out the Biden Administration’s 2021 rule governing how tipped employees should be paid, finding that the rule is contrary to the statutory language of the Fair Labor Standards Act.


Memo
24-111
Tuesday, July 2, 2024

The new minimum weekly salary of $844 for a white-collar employee to qualify for exemption from federal overtime coverage has taken effect except for employees of the state of Texas, based on a federal court’s preliminary injunction.


Memo
24-096
Wednesday, June 5, 2024

A recent lawsuit filed by the Labor Department against an auto manufacturer and its supplier and the supplier’s staffing company suggests a return to the controversial “fissured workplace” theory, putting employers on notice that the agency is closel


Memo
24-088
Wednesday, May 22, 2024

Our updated Talking Points are designed to educate your managers and supervisors on the Department of Labor’s 2024 revisions to its “white collar” overtime regulations, and to help them answer questions they may receive about the new requirements.


Memo
24-083
Wednesday, May 15, 2024

MEMBER FEEDBACK REQUESTED. CWC recently held a Members Only web workshop on the Labor Department’s new white collar overtime regulations, which are currently scheduled to go into effect beginning on July 1, 2024. Our memo summarizes a number of compl


Memo
24-072
Wednesday, April 24, 2024

CWC WEB WORKSHOP on May 7, 2024. The Biden Administration’s Labor Department has issued revised regulations under the Fair Labor Standards Act that will make thousands of additional salaried white collar workers eligible for overtime pay.


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.


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