DOL appeals overtime rule injunction

December 02, 2016 - by: Kate McGovern Tornone 0 COMMENTS

The U.S. Department of Labor (DOL) announced on December 1 that it will appeal a court’s injunction temporarily halting its new overtime regulations.

A federal judge for the U.S. District Court for the Eastern District of Texas blocked the rules on November 22, calling the regulations “unlawful” and noting that the changes in the rules should be left to Congress.

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‘Unlawful’ overtime rule temporarily blocked

November 23, 2016 - by: Kate McGovern Tornone 0 COMMENTS

A federal district court temporarily blocked the U.S. Department of Labor’s (DOL) new overtime rule on November 22, just days before it was scheduled to take effect. The judge who issued the order called the regulation “unlawful” and said such actions should be left to Congress.

At the request of 21 states, the U.S. District Court for the Eastern District of Texas granted an emergency injunction halting the regulation, which would have required employers to pay overtime to employees earning less than $913 per week ($47,476 annually) beginning December 1.

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DOL takes another beating: Court blocks persuader rule

November 18, 2016 - by: Kate McGovern Tornone 0 COMMENTS

A federal district court has permanently blocked a U.S. Department of Labor (DOL) regulation that would have created new requirements for employers looking to keep unions out of their workplaces.

On November 16, the U.S. District Court for the Northern District of Texas granted summary judgment (dismissal without a trial) in favor of business groups and states challenging the so-called persuader rule, finding it “unlawful.” The ruling is the latest in a line of judicial and legislative actions aimed at undoing recent labor and employment initiatives from the Obama administration.

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With Trump win, many employment initiatives in question

November 09, 2016 - by: Kate McGovern Tornone 0 COMMENTS

Recent employment initiatives undertaken by the Obama administration could be in jeopardy under Donald Trump’s presidency, but employers still need to comply with those laws and regulations for now, says one expert.

“In general, things are going to be pretty unpredictable,” said Connor Beatty, an associate with Brann & Isaacson  in Maine and editor of Maine Employment Law Letter. Not only has Trump never held public office, but he’s also changed his position on issues several times, Beatty said.

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Texas federal court fast-tracks suit challenging DOL’s overtime rule

October 20, 2016 - by: Kate McGovern Tornone 0 COMMENTS

Update: A ruling on the November 16 injunction hearing is expected on November 22. We will provide coverage on the ruling once it is issued.

A federal district court has agreed to fast-track a lawsuit challenging the U.S. Department of Labor’s (DOL) new overtime regulation. The court has scheduled oral arguments for November 16, just two weeks ahead of the rule’s December 1 effective date.

The rule will more than double the salary threshold for employees. Employees earning less than $913 per week ($47,476 annually) will have to be classified as nonexempt from the Fair Labor Standards Act’s (FLSA) overtime requirements, regardless of whether they meet any of the duties tests.

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States, business groups file suits to halt DOL’s overtime regs

September 21, 2016 - by: HR Hero Alerts 0 COMMENTS

by Kate McGovern Tornone

Twenty-one states and several employer interest groups filed lawsuits against the U.S. Department of Labor (DOL) on September 20 alleging the agency’s new overtime regulations exceed its authority. The suits, however, are not expected to have any success in the near future, and employers would be well served to be in compliance by the December 1, 2016, deadline, according to one expert.

Background

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White Paper on DOL’s new ‘blacklisting’ rule now available

Attorneys with Fortney & Scott, LLC, in Washington, D.C., who edit Federal Employment Law Insider, sprang into action after the U.S. Department of Labor (DOL) issued final regulations on August 25 implementing the Fair Pay and Safe Workplaces Executive Order—often called the “blacklisting” rule. The controversial rule will require federal contractors and subcontractors to disclose purported violations of 14 federal laws (and their state-law equivalents) during the preceding three-year period when bidding on federal contracts worth more than $500,000.

To help readers and others who fall into that target group, Fortney & Scott’s Blacklisting Team has prepared a White Paper outlining the new obligations, along with suggestions on how to proceed. You may access the White Paper here. Following are some key points: read more…

Final ‘blacklisting’ rule for federal contractors issued

August 25, 2016 - by: Tammy Binford 0 COMMENTS

The long-awaited regulations implementing the Fair Pay and Safe Workplaces Executive Order—often called the “blacklisting” rule—were made final on August 24, even though change may be on the way as a result of litigation and legislation. The final rule, announced by the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory Council, will take effect on October 25.

President Barack Obama signed the Executive Order in July 2014. The order’s purpose is to require prospective federal contractors to disclose violations of 14 federal labor and employment laws during the previous three years once the new rule is fully phased in. Those laws address wage and hour issues, safety and health requirements, collective bargaining, family and medical leave, and civil rights protections. Government agencies are to consider the disclosures when awarding federal contracts.

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Proposal calls for EEO-1 deadline to move from September 2017 to March 2018

July 14, 2016 - by: Tammy Binford 0 COMMENTS

The Equal Employment Opportunity Commission (EEOC) has announced that its proposal to collect pay data through the Employer Information Report (EEO-1) includes a change in the due date for the EEO-1 survey.

The revised proposal, published in the July 14 Federal Register, moves the deadline for employers to submit the EEO-1 survey from September 30, 2017, to March 31, 2018. According to the EEOC’s announcement, the change is to simplify reporting by allowing employers to use existing W-2 pay reports, which are calculated based on the calendar year. Employers will have until August 15, 2016, to submit written comments on the revised proposal.

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Employers praise injunction blocking new ‘persuader’ rule

June 27, 2016 - by: Tammy Binford 0 COMMENTS

An injunction blocking the U.S. Department of Labor’s (DOL) new “persuader” rule is drawing praise from employer interests concerned that the new rule would stifle their efforts to respond to union organizing campaigns.

The rule change was scheduled to take effect July 1, but a preliminary injunction issued June 27 prohibits enforcement pending final resolution of a lawsuit challenging the rule’s constitutionality. Senior U.S. District Judge Sam R. Cummings of the U.S. District Court for the Northern District of Texas issued the injunction after hearing arguments during a June 20 hearing. The scope of the injunction is nationwide.

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