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Channel: DOL – Labor and Employment Legal News – SmithAmundsen
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A Tip on Tips – the DOL’s Tip Credit Rule is Upheld by a Federal Court

Contributed by Brandon Anderson On May 29, 2012, a federal district court in Washington, D.C. upheld the Department of Labor’s (DOL) final rule on the Fair Labor Standards Act (FLSA) “tip credit.”  The...

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Court Upholds the DOL’s Interpretation That Loan Officers Are Not Exempt from...

Contributed by Jon Hoag The administrative exemption continues to trouble the financial services industry. On June 6, 2012, a federal district court rejected the Mortgage Bankers Association’s legal...

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U.S. Supreme Court Holds Pharmaceutical Sales Reps Exempt from the Overtime...

Contributed by Samantha Esmond On May 16, we reported on the Seventh Circuit decision on whether pharmaceutical representatives are exempt under the FLSA. At the time, we were still waiting for the...

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New October 1, 2013 Deadline for Employers to Notify Employees of Health Care...

Contributed by Rebecca Dobbs Bush  In January, the DOL delayed the March 1, 2013 effective date of the notice requirements in Section 18B of the Fair Labor Standard Act to late summer or fall of 2013....

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D.C. Circuit Court Vacates U.S. DOL Interpretation Classifying Mortgage Loan...

Contributed by Samantha Esmond On July 2, 2013, the United States Court of Appeals for the District of Columbia Circuit vacated the U.S. Department of Labor’s (“DOL”) prior 2010 administrative...

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Marketplace Notices – to Comply or Not to Comply?

Contributed by Rebecca Dobbs Bush The deadline for employers to provide current employees with notice of health care coverage options available through the ACA Marketplace is October 1, 2013, right...

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Sign of the Times 2014: NLRB and DOL Are Poised to Proceed With Pro-Labor Rules

Contributed by Beverly Alfon Employers have been playing a game of wait-and-see for the past couple of years.  In 2011, the National Labor Relations Board (NLRB) and the Department of Labor (DOL)...

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Do Your COBRA Notices Comply with the ACA?

Contributed by Kelly Haab-Tallitsch Earlier this month, the Department of Labor (DOL) issued proposed regulations revising the COBRA notice requirements to align with the Affordable Care Act (ACA) and...

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NLRB to Encourage Charging Parties to File Claims under OSHA and the FLSA

Contributed by Michael F. Hughes In a recent memorandum, the Office of the General Counsel for the National Labor Relations Board (“NLRB”), informed all regional directors that the NLRB had entered...

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Is Your Company Prepared for the U.S. Department of Labor’s Amendments to the...

Contributed by Sara Zorich On March 13, 2014, we reported that President Barack Obama signed a Presidential Memorandum directing his Secretary of Labor to update the regulations to expand the number of...

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OSHA Inspection Guide: In Preparation for Increased OSHA Enforcement in 2015

Contributed by Jonathon Hoag and Matthew Horn Numerous employers can verify first hand that OSHA is actively fulfilling the promise it made a few years ago, “to get back in the enforcement business.”...

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DOL Reports Mixed Results for 2014: Union Membership Declines in Private...

Contributed by Sara Zorich On January 23, 2015, the U.S. Department of Labor (DOL) released its 2014 Union Membership Annual Report.  Most notably was a decrease in union membership overall by .2%....

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New “Place of Celebration” DOL Final Rule Increases the Availability of FMLA...

Contributed by Steven Jados On February 25, 2015, the U.S. Department of Labor issued a final rule modifying the definition of “spouse” under the federal Family and Medical Leave Act. This final rule,...

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Supreme Court Holds that Mortgage Loan Officers are Eligible for Overtime

Contributed by Michael Wong On March 9, 2015, the U.S. Supreme Court issued a ruling in Perez v. Mortgage Bankers Association that should put all employers on notice.  In this decision, the Court held...

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Urgent Alert: U.S. DOL Proposes Major Changes to Exempt Salary Status

Contributed by Jeff Risch and Sara Zorich Today, the U.S. Department of Labor (“DOL”) has announced that they are issuing a proposed rule to increase the minimum salary requirements under the Fair...

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5, 4, 3, 2, 1… Happy New Year! A Look Ahead to 2016 and Employment Laws

Contributed by Heather Bailey Everyone rings in the New Year differently – some with a party with friends and family, sparkling grape juice with their kids, traveling to a new destination or watching...

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Too Hot in the Kitchen for Restaurant With Prior Notice from the DOL of Wage...

Contributed by Heather Bailey A recent case out of the Northern District of Texas demonstrates just how important it is to listen to the Department of Labor (DOL) when they come knocking on your door....

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URGENT ALERT: U.S. DOL PUBLISHES FINAL OVERTIME RULE

Contributed by Jeff Risch and Sara Zorich, May 18, 2016 Today the US Department of Labor (“DOL”) issued its long awaited final rule increasing the minimum salary requirements under the Fair Labor...

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Are you ready for December 1st? The FLSA Salary Changes Are Almost Here

Contributed by Sara Zorich, October 13, 2016 The U.S. Department of Labor’s (DOL) implementation of its Final Overtime Rule and an increase for salaried exempt employees to $913/week is set to go into...

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DOL FLSA Overtime Rule May Be Suspended

Contributed by Heather Bailey, November 17, 2016 The Honorable Judge Amos L. Mazzant III in the pending DOL overtime preliminary injunction lawsuit, State of Nevada et al v. United States Department of...

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