On Thursday, March 28, 2019, the U.S. Department of Labor (“DOL”) announced proposed changes to the overtime provisions of section 7(e) of the Fair Labor Standards Act. In its current form, the statute generally requires employers to pay overtime if workers work more than 40 hours a week. One exemption to the overtime ...
By Sharon Gold
The Office of the Federal Register officially published the Notice of Proposed Rulemaking (“NPRM”) raising the salary minimum for exempt workers that we discussed last week. The NPRM proposes to raise the minimum salary for exempt workers to $35,308 per year ($679 per week), from the current minimum of $23,660 per year ($455 ...
It should be no surprise by now that a certain circuit (I’m looking at you Ninth Circuit) makes its own rules. So much so, the Supreme Court recently had to inform them of the shocking truth that dead judges can’t write opinions. If you are seeing the quote “…federal judges are appointed for life, not for eternity” around a lot lately ...
By Sharon Gold
On Thursday, March 7, 2019, the Department of Labor (“DOL”) released the much anticipated Notice of Proposed Rulemaking (“NPRM”) that significantly raises the minimum salary for exempt workers from $23,660 to $35,308. It is estimated that if this rule is finalized, more than a million workers will either become eligible ...
Well…we finally have some indication from the DOL on how it intends to update Fair Labor Standards Act (“FLSA”) regulations covering overtime exemptions for employees who fit into the “white collar” exemptions for Executive, Administrative and Professional employees. The overtime threshold, currently at $23,660/year or ...
Julie R. Pugh & Lee P. Geiger
Yesterday, March 4, 2019, a federal D.C. Circuit judge ordered the EEOC’s pay data collection initiative to be reinstated. As a refresher, generally all private employers with more than 100 employees and all federal contractors (with 50 or more employees and a contract with the federal government worth more than ...
In August 2017, the United States District Court for the Northern District of Ohio found that insurance agents working under independent contractor agreements for a major insurance company were employees for purposes of pursuing pension and other benefits under the Employee Retirement Income Security Act (ERISA) of 1974.[1] Recognizing ...
By Glen Krebs
The Department of Labor’s (“DOL”) Office of Foreign Labor Certification (“OFLC”) has announced a plan to change the way it handles the ETA-9142B form which begins the H-2B application process. Beginning July 3, 2019, all H-2B applications submitted to the National Processing Center (“NPC”) in the first three days of ...