DOL

DOL and EEOC to Make 2016 A Challenging Year for Employers

Editorial BoardPosted on March 10, 2016

Members of the Fair Labor Standards Legislation Committee of the American Bar Association’s Section of Labor and Employment Law recently met. The meeting includes employer and employee advocates, as well as government officials. The meeting often highlights not only the present status of regulations, policy and pending litigation but also provides a window into coming trends that may be important for employers. We highlight a few takeaways.

One Step Closer to Paid Sick Leave for Federal Contractors

Lisa LupionPosted on February 26, 2016

The Department of Labor (“DOL”) continues its regulatory dash to fulfill the President’s domestic agenda. The agency issued proposed rules, that seek to make President Obama’s Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors signed on September 7, 2015, into a reality. The DOL solicits any comments on the proposed rules on or before March 28, 2016. Once effective, employees of certain federal contractors would be entitled to paid leave akin to the leave now in place in 4 states, the District of Columbia, and 27 other localities that are entitled to paid sick leave.

DOL Continues to Push Its Agenda with New Guidance on Joint Employment

Editorial BoardPosted on January 21, 2016

Solicitor of Labor Patricia Smith likes to quip that the Department is “working overtime on overtime.” DOL took a break from the much-anticipated overtime regulations and issued new guidance yesterday on the question of who qualifies as a “joint employer” under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The guidance (Administrator’s Interpretation (AI) No. 2016-1) issued by Wage and Hour Division (WHD) Administrator Dr. David Weil, sets forth a broad (and sometimes ambiguous) reading of statutory provisions, regulations, and case law to address joint employment issues under the two statutes. The guidance was not unexpected as some advocates have been asking for the DOL’s position on joint employment since the NLRB’s expansion of joint employment in Browning-Ferris, 362 NLRB No. 186 (Aug. 27, 2015). Notably, the level of coordination between DOL and the NLRB on joint employment issues has been the subject of Congressional oversight and the oversight committee now claims that DOL provided suspect responses to members of Congress regarding interactions between the agencies on the issue.

Minimum Wage, Maximum Headache: California’s Minimum Wage Hits $10 in 2016. Are You Prepared?

Gary Siniscalco and Katie BriscoePosted on December 23, 2015

As you brace for the New Year, don’t forget that California’s minimum wage will reach $10 per hour on January 1, 2016. This latest increase is the final stage of the two-step legislation that increased the minimum wage from $8 to $9 per hour on July 1, 2014, and now to $10 per hour effective January 1, 2016.

DOL’s Aggressive Regulatory Agenda Continues

Editorial BoardPosted on December 9, 2015

The U.S. Department of Labor’s (“DOL”) role as a strong player in the Obama Administration’s domestic agenda shows no signs of letting up. DOL is poised to finalize big changes in the federal contracting and wage and hour spaces. Employers should be ready to meet the compliance challenges associated with these new obligations.

Please Pass the Settlement: Second Circuit Widens Split Over Stipulated FLSA Dismissals

Jessica Perry, Kathryn Mantoan and Clayton FlahertyPosted on December 7, 2015

A recently filed petition for certiorari asks the U.S. Supreme Court to clarify the procedural requirements for ending private causes of action under the Fair Labor Standards Act (“FLSA”). Specifically, petitioner Dorian Cheeks is asking the Supreme Court to review a decision from the U.S. Court of Appeals for the Second Circuit holding that Federal Rule of Civil Procedure 41 (“FRCP 41”) prohibits the dismissal of FLSA claims through private, stipulated settlement agreements absent approval from either a federal district court or the U.S. Department of Labor (“DOL”).

To Pay or Not To Pay: The Second Circuit Rules on Unpaid Interns

Jill L. Rosenberg and Lisa LupionPosted on July 7, 2015

In addressing a matter of first impression, the Second Circuit Court of Appeals set out a new standard to determine when an unpaid intern is deemed an employee for purposes of the Fair Labor Standards Act (“FLSA”) and thus entitled to compensation, including minimum wage and overtime, under the FLSA. Two appeals were argued in tandem on this issue with the Second Circuit issuing an Opinion on July 2, 2015 in Glatt v. Fox Searchlight Pictures, Inc., and a Summary Order in Wang v. Hearst Corp.

Class Action Lawsuits: In Vogue? High Fashion Gets Hit with Wage and Hour Class Action Lawsuits over Unpaid Internship Programs

Pat GillettePosted on February 18, 2015

Sportswear-inspired designs, bold prints, and gingham aren’t the only things trending for Spring 2015 in the fashion world. Judging from a recent wave of lawsuits, wage and hour class actions are trending as well. Over the past few years, class action lawsuits over unpaid internships have been on the rise, with this most recent wave of filed lawsuits serving as a powerful reminder to employers that intern programs can’t simply be viewed as a way to recruit free labor.

U.S. Department of Labor Advances Regulatory Agenda with Final Rule Barring Federal Contractors from Discriminating against LGBT Workers

Jill L. Rosenberg and Gary SiniscalcoPosted on December 10, 2014

On December 3, 2014, the U.S. Department of Labor (DOL) released its final rule barring federal contractors from discriminating on the basis of sexual orientation and gender identity. The final rule implements an Executive Order signed by President Obama in July 2014 amending Executive Order 11,246 to include sexual orientation and gender identity as prohibited bases of employment discrimination by federal contractors and subcontractors.

Let’s Talk About Sex: U.S. Department of Labor Targets Transgender & Gender Identity Discrimination

Tracy ScheidtmannPosted on August 27, 2014

On Tuesday, August 19, 2014, the U.S. Department of Labor issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex . . . includes discrimination on the bases of gender identity and transgender status.” This directive follows President Obama’s Executive Order 13672, issued on July 21, 2014, amending existing orders to specifically prohibit federal contractors from discriminating based on gender identity.

Employment Law and Litigation