I hope everyone's holidays were happy. While I was out . . .
The feds are talking about NLRB-EEOC coordination, an end to collection of compensation data, and an inflation-indexed salary test for the overtime exemption. Here's the scoop.
Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the unopposed motion of
the U.S. Department of Labor to dismiss as moot the appeal in the “overtime case” of Nevada v. U.S. Department of Labor. The Fifth Circuit order brings that litigation to an end.
For more details on this litigation, please read our recent bulletin by Jim Coleman and Ellen Kearns, the co-chairs of our firm’s Wage and Hour Practice Group.
The DOL is expected to begin a new rulemaking process and is expected to propose increasing the salary thresholds for the executive, administrative, and (some) professional exemptions to the overtime requirements under the Fair Labor Standards Act — but not by nearly as much as they would have been increased under the Obama Administration rule that has been struck down.
Image Credit: From flickr, Creative Commons license, by State Farm Insurance.
As we have reported previously, the EEO-1 filing process is changing. The EEO-1 reports that would have been required by September 30, 2017, now do not have to be filed until March 31, 2018. The “catch” is that the new EEO-1 reports will require compensation data from a workforce “snapshot” taken between October 1 and December 31, 2017.
(The compensation data reporting ...
On November 23, 2016, we issued a Client Bulletin titled “Employers Can Breathe A Sigh of Relief Come December 1: Court strikes down overtime rule.” But a new lawsuit in federal court in New Jersey puts a gulp in that sigh of relief.
Background
As previously reported, regulations that would have more than doubled the salary threshold for Administrative, Executive and ...
Trump DOL removes Obama DOL guidance on independent contractors, joint employment. On Wednesday, Secretary of Labor Alexander Acosta removed two Administrator's Interpretations on independent contractors and joint employment issued during the Obama Administration. Here is our Client Bulletin, which I wrote with Jim Coleman, co-chair of our Wage and Hour Practice Group. The ...
The confirmation hearing for Andrew Puzder, President Trump's nominee for Secretary of Labor, is supposed to take place tomorrow. While we wait to see what happens, I thought it might be fun to open a comment thread so we can opine about the issues that have been raised against him. Do you think they're legitimate? Do you think he's a good choice for Secretary of Labor, or a ...
We'll try to keep you up to date with the latest labor and employment law news from the Trump Administration via a series of mini-posts as news develops.
According to Politico's Morning Shift, "President Trump ordered executive departments and agencies to freeze all pending regulations until the administration could review them." This would include the DOL overtime rule, which ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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