The U.S. Department of Labor has issued its promised Request for Information on the salary levels in the Obama Administration's overtime rule. The RFI was published in yesterday's Federal Register. Comments are being accepted through September 25.

Invoking President Trump's Executive Order 13777, the RFI focuses on the minimum salary levels that should apply to the ...

Overtime rule - what's the Trump Administration doing? Last Friday, I posted about the U.S. Department of Labor's brief in the case challenging the Obama Administration's overtime rule, which has been enjoined since November 2016. The Trump DOL position had me scratching my head because it sounded an awful lot like the Obama DOL position, and I said that we'd be hearing soon from some ...

And may it die quickly. The U.S. Department of Labor has taken formal regulatory action to rescind the Obama Administration's "Persuader Rule." The DOL has been enjoined from enforcing the rule since November 2016, but the latest action will presumably end it for good. Let's hope. David Phippen of our Washington DC Metro Office has the details in this Client Bulletin.

Mayor de Blasio ...

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 ...

Memorial Day is upon us. While the idea of a three-day weekend, cookout, and pool party can be distracting, I encourage everyone to stop and remember those who have lost their lives in the service of our country. It’s also a perfect time for us to refresh ourselves on the legal obligations of federal contractors to employ veterans. "We honor the dead best by treating the living ...

Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a BUNCH. The following is a compilation of a number of articles published in yesterday's edition of Bloomberg BNA's Daily Labor Report (paid subscription ...

Last week, I wrote about a report in Bloomberg BNA that the Trump Administration was thinking about letting the Equal Employment Opportunity Commission "absorb" the Office of Federal Contract Compliance Programs. The idea had some appeal for me because both agencies enforce variants on federal prohibitions against discrimination. But I admitted that I hadn't thought it ...

The Senate has finally confirmed R. Alexander Acosta as Secretary of Labor, and he is expected to be sworn in tomorrow. (Yay!)

The vote was 60 to 38, meaning that he got some decent bipartisan support.

Two big developments of interest to employers:

The Senate Heath, Education, Labor and Pensions Committee approved the nomination of Alex Acosta, President Trump's nominee for Secretary of Labor, in a 12-11 straight party-line vote. This means that Mr. Acosta's nomination will be voted on by the full Senate. According to The Washington Post, no date has yet been set for the Senate vote.