By Rachel V. See, Christopher J. DeGroff, and Andrew L. Scroggins
Seyfarth Synopsis: The EEOC and the Department of Labor Wage Hour Division (WHD) have taken an important step toward inter-agency coordination, committing to information sharing, joint investigations, training, and public outreach. The Memorandum of Understanding between the EEOC and DOL contemplates referring complaints between the two agencies
Continue Reading EEOC and DOL Join Forces – What the Alliance Means for Employers
By Kevin Young, Brett Bartlett, Scott Hecker, Noah Finkel, and Leon Rodriguez
Seyfarth Synopsis: Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and professional employees. While the proposal—the cornerstone of which is
Continue Reading DOL Delivers a Proposed Salary Bump to FLSA Overtime Thresholds for Labor Day
By A. Scott Hecker and Noah A. Finkel
Seyfarth Synopsis: On June 13, 2023, the Biden Administration announced the release of its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (the 2022 Fall Agenda was issued in January 2023). In connection with the Administration’s new regulatory agenda, the U.S. Department of Labor’s Wage and Hour Division continues to pursue a
Continue Reading The Biden Administration Issued Its Spring 2023 Regulatory Agenda . . . in (Late) Spring 2023! What’s in the Works for DOL Rulemaking, Including on a New Minimum Salary for Exempt Employees?| By Ada Dolph, Annette Tyman, Danielle Kays, Sam Schwartz-Fenwick, Sara Fowler, and Tom Posey About the Progam A lot can change in a year, especially during an election year! On a national level, as well as a state and local level, there have been many recent labor and employment law changes and even more changes |
Seyfarth Synopsis: The Department of Labor’s Wage & Hour Division announced its long-awaited proposed rule related to the FLSA’s tip provisions. The rule would implement statutory changes passed in March 2018; it also would elevate certain WHD policy guidance into regulation.
The legislative changes come from the Tip Income Protection Act, which was passed as part of
Continue Reading WHD Releases Proposed Rule on Tipped Employees
By Abigail Cahak and Noah Finkel
Seyfarth Synopsis: The DOL has reissued a long-awaited opinion letter withdrawing its previous 20% tip credit rule and making clear that “no limit is placed on the amount of [related but non-tipped] duties that may be performed,” so long as they are performed “contemporaneously with the duties involving direct service or for a reasonable
Continue Reading Check, Please! DOL Issues Opinion Letter Ending Its 20% Tip Credit Rule
Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit.
In a decision that surprised no one who has followed the litigation of wage hour claims by interns, the US Department of Labor has abandoned its ill-fated six-part test for
Continue Reading DOL Bids Adieu to Six-Factor Internship Test