Category Archives: Department of Labor

Subscribe to Department of Labor RSS Feed

Happy Thanksgiving and the Many Things for Which We Are Thankful

Before everyone gets out of the office to their various homes and families to celebrate the holiday, we wanted to review the year and count our blessings. Not only are we thankful that our families and colleagues in our Houston and Tampa offices weathered the storms safely, we are also thankful for the following legal … Continue Reading

Whatever Happened to Those New Overtime Regulations? DOL May Be Sending a Signal with Its Notice of Appeal

Remember last year when everyone was getting ready for the big change to the salary threshold for the overtime exemption that was set to go into effect on December 1? And then, seemingly out of nowhere, a judge put a stop to all of those worries? Ever wonder what happened to those pesky regulations? Although … Continue Reading

The Poster Post – DOL Updates to Your Employees’ Favorite Area of the Break Room

The United States Department of Labor (DOL) has revised mandatory federal posters on the Fair Labor Standards Act (FLSA) and the Employee Polygraph Protection Act (EPPA). By law, employers must display official DOL posters where employees and job applicants can readily see them. Here’s a general overview of the applicable statutes and the specific updates: … Continue Reading

Soup, Salvation and Overtime: Sixth Circuit Takes Up Televangelist’s FLSA Appeal

Are you entitled to FLSA coverage if you are doing the Lord’s work? In March 2017, a federal district court in Ohio answered “yes” and awarded almost $400,000 to unpaid employees/volunteers of a church restaurant. The Cathedral Buffet and the Rev. Ernest Angley are now casting a wing and prayer to the Sixth Circuit Court … Continue Reading

WELCOME (?) BACK! DOL Reinstates Wage and Hour Opinion Letters – Should it Matter to You?

The U.S. Department of Labor recently announced that it will revive its practice of publishing opinion letters to provide guidance to employers and employees on wage and hour issues. This change (after a seven-year hiatus) reopens the door for employers and employees to gain clarity on important issues affecting the workplace. What’s an opinion letter? … Continue Reading

Parting of the Joint Employers: Trump DOL Withdraws Past Guidance on Independent Contractor Standards and Joint Employment

Yesterday the U.S. Secretary of Labor Alexander Acosta announced the Department of Labor’s withdrawal of guidance on independent contractors and joint employer liability issued in 2015 and 2016 by the Obama administration DOL. Generally, the guidance made more people employees rather than independent contractors. In particular, this guidance sought to (1) define more rigidly the situations … Continue Reading

OSHA Provides Enforcement Guidance on Workplace Violence Response

When does an incidence of workplace violence rise to the level of a federal case? The Occupational Safety and Health Administration (OSHA) has updated its guidance on just that issue. The OSH Act’s General Duty Clause requires employers to provide a workplace free from recognized hazards likely to cause death or serious physical harm to … Continue Reading

Even Faster Re-Appointment: President Trump Tags Dean Alexander Acosta as Next DOL Nominee

One day after losing his initial nominee, Andy Puzder, President Trump named Alexander Acosta, the Dean of Florida International School of Law, his next (and hopefully final) nominee for Secretary of Labor. Acosta is a former member of the NLRB and past U.S. Attorney for the Southern District of Florida. While he was the U.S. Attorney, he … Continue Reading

C’est La Vie: No ‘Right to Disconnect’ in U.S., But Non-Exempt Workers Must Be Paid for ‘Connected’ Time

Could a “right to disconnect” become law in the U.S.? France is trying it. Effective January 1, a new French law went into effect giving workers a “right to disconnect” when not at work. French employers with 50 or more employees have to adopt written policies restricting the hours that workers can send or receive … Continue Reading

What Employers Can Expect from the New Administration – Part 1: Executive Orders & Administrative Actions

What will a Trump administration do to the labor and employment law landscape? While we can’t predict for certain, we figure we can at least provide better insight than the pollsters who have spent the last year following the campaigns—so here is the first in a three-part blog series. First, here are some Executive Orders … Continue Reading
LexBlog