By Ted North and A. Scott Hecker

On March 11, 2022, the Department of Labor (DOL) announced a notice of proposed rulemaking (“NPRM”) related to the Davis Bacon Act (the “Act”), entitled “Updating the Davis-Bacon and Related Acts Regulations.”  The move to modernize the Act’s regulations looks to deliver changes promised by President Biden to use the Act and its
Continue Reading Back To The Future: Department of Labor Reanimates Prior Davis-Bacon “Prevailing Wage” Definition

By Camille A. Olson, Richard B. Lapp, Louisa J. Johnson, and Andrew M. McKinley

Seyfarth Synopsis: With the growth of the gig economy, the increased desire of some workers to control their own work hours to ensure a work-life balance, and the evolution of the modern workplace to one in which workers rarely retain one full-time
Continue Reading US DOL Issues Final Rule on Independent Contractor Status Under the FLSA

By Kristin G. McGurn and Alison H. Silveira

Seyfarth Synopsis: Department of Labor Acting Administrator Bryan Jarrett issued Field Assistance Bulletin No. 2018-4 (“FAB”) on July 13, to guide Wage & Hour Division (“WHD”) field investigators on how to determine whether home care, nurse, or caregiver registries are employers under the Fair Labor Standards Act. A “registry” is “an
Continue Reading DOL Guidance on Registry Employer Status: Foreshadowing A More Tolerant Independent Contractor Approach

By Robert Whitman

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

By Jason E. Burritt, Michelle Gergerian, and Dawn M. Lurie

Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large and small. The federal government, through its various agencies, plays a key role in
Continue Reading Potential Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees

By Brian M. Stolzenbach, Esq.

On March 23, 2016, the DOL revealed its final “persuader” rule — a regulation that has been in the works for years. According to the DOL, the rule “realign[s] the Department’s regulations with the text of . . . the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA).”

Among other things, the LMRDA requires certain
Continue Reading Department of Labor Reveals Final Persuader Rule

President Obama announced last night that the DOL would be releasing its proposed amendments to the white collar exemption regulations today.

Our colleagues from the Wage Hour Litigation Practice Group blog about these matters and have been tracking the progress of the rules proposal during the past year and are already formulating how these new regulations may impact employers across
Continue Reading Obama Administration Proposes New Overtime Rules

By Steve Shardonofsky and Ashley Hymel

In the wake of Houston’s recent flooding, countless businesses closed their doors, and many individuals are coping with homes in disrepair.

Texas employers wondering whether they must pay workers for lost time during inclement weather or clean-up work during the aftermath should follow a few simple rules from the Department of Labor (“DOL”).

Rules
Continue Reading Weathering The Recent Storms in Texas: How to Compensate Employees for Lost Time

By: Lawrence Z. LorberLaura J. MaechtlenCameron  A.  Smith and Annette Tyman

On December 9, 2014, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued the Final Rule implementing Executive Order (“EO”) 13672, which will require affirmative action and non-discrimination in employment on the basis of sexual orientation and gender identity for federal
Continue Reading DOL Issues Final Rule on Government Contractor Sexual Orientation and Gender Identity Non-Discrimination and Affirmative Action Requirements

By: Paul Kehoe

As the dust settles on the 2014 midterm elections, Republicans have expanded their lead and the House of Representatives and taken control of the Senate with at least 52 and possibly 54 seats.  For employers, this could signal many positive developments in oversight, legislation, and appropriations over the coming year, but the election results will not end
Continue Reading The Midterm Election Results And How They Impact Employers