Trump proposes ‘substantial’ DOL budget cut

March 17, 2017 - by: Kate McGovern Tornone 0 COMMENTS

The U.S. Department of Labor (DOL) would see a nearly 21 percent reduction in funding under the White House’s proposed 2018 discretionary spending budget, which was released March 16.

“A 21 percent cut is very substantial,” according to H. Juanita Beecher, of counsel with Fortney & Scott in Washington, D.C., and an editor of Federal Employment Law Insider. It’s unclear, however, which DOL subagencies will be affected, she said.

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Employment lawyers like new Trump pick to head DOL

February 16, 2017 - by: Kate McGovern Tornone 0 COMMENTS

President Donald Trump has nominated Alexander Acosta, a former National Labor Relations Board (NLRB) member, to serve as secretary of labor. The announcement came less than 24 hours after Trump’s first choice, Andrew Puzder, withdrew from the approval process.

Acosta, who is currently the dean of the Florida International University College of Law, is well qualified for the position, experts say. He was nominated to the NLRB by President George W. Bush and later served as assistant attorney general for the U.S. Department of Justice’s Civil Rights Division, which means he has a good understanding of how agencies operate, according to David S. Fortney, a founder of Fortney & Scott and an editor of Federal Employment Law Insider.

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Trump taps former NLRB member to head DOL after Puzder withdraws

February 16, 2017 - by: Kate McGovern Tornone 0 COMMENTS

UPDATE: President Trump has nominated Alexander Acosta, a former National Labor Relations Board member, to serve as Secretary of Labor. The announcement came less than 24 hours after Trump’s first choice withdrew from the approval process.

Acosta is currently dean of the Florida International University College of Law. He was nominated to the board by President George W. Bush and later served as assistant attorney general for the U.S. Department of Justice’s Civil Rights Division.

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DOL’s health insurance marketplace form is now expired . . . but fear not

February 01, 2017 - by: HR Hero Alerts 0 COMMENTS

Employers have a lot to worry about these days. Fortunately, the expiration of the marketplace notice form issued by the U.S. Department of Labor (DOL) isn’t something else to add to the list.

The form, New Health Insurance Marketplace Coverage Options and Your Health Coverage, comes in two versions: one for employers that offer some sort of health coverage and one for employers that don’t. Both versions of the form expired on Tuesday, January 31.

The DOL hasn’t issued new versions, and with the future of the Affordable Care Act (ACA) in doubt, it’s unclear whether the agency will. Fortunately, employers may continue using the old versions of the forms for now without risk of penalty.

Overtime rule update: District court won’t wait for appeals court’s ruling

January 04, 2017 - by: Kate McGovern Tornone 0 COMMENTS

On January 3, a federal district court judge said he won’t halt proceedings in the case challenging the U.S. Department of Labor’s (DOL) new overtime rules despite concurrent litigation in the U.S. 5th Circuit Court of Appeals.

The rules, which were scheduled to take effect December 1, 2016, would have required employers to pay overtime to employees earning less than $913 per week ($47,476 annually).

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New York adopts higher salary thresholds for exempt employees

by Charles H. Kaplan
Sills Cummis & Gross P.C.

Employers in New York must increase the salaries of exempt executive and administrative employees by December 31 to meet the requirements of recently adopted regulations. Employers also must decide whether to increase exempt employees’ salaries each year to match annual increases required by the new regulations.

On December 28, the New York State Department of Labor (NYSDOL) adopted regulations that will increase the minimum salary thresholds for executive and administrative employees under the wage and hour provisions of New York state’s Labor Law. The Labor Law does not require a minimum salary for exempt professional employees.

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Puzder hearing set for January, Dems defend overtime rules

December 28, 2016 - by: Kate McGovern Tornone 0 COMMENTS

The Senate has scheduled a January confirmation hearing for President-elect Donald Trump’s pick for secretary of labor.

Trump’s nomination of Andy Puzder, CEO of CKE Restaurants, was the death knell for the U.S. Department of Labor’s (DOL) new Fair Labor Standards Act (FLSA) overtime regulations, according to John Husband, a partner at Holland & Hart in Denver and an editor of Colorado Employment Law Letter.

It already was expected that the Trump DOL would withdraw the department’s appeal of an injunction blocking the rules, but Puzder’s nomination solidified that prediction, Husband previously said.

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Texas AFL-CIO seeks to join fight to save overtime rules

December 21, 2016 - by: Kate McGovern Tornone 0 COMMENTS

A group of labor organizations is attempting to save the new overtime rules from almost certain death under the Trump administration.

The Texas AFL-CIO on December 9 moved to join a lawsuit challenging the rules, saying that if the president-elect drops the government’s defense of the regulation as predicted, the union group will see it through.

Background

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Time for federal contractors to meet new paid leave requirements

by H. Juanita M. Beecher

Contractors entering into federal contracts on or after January 1, 2017, must comply with the U.S. Department of Labor’s (DOL) new regulations requiring them to provide workers 56 hours of paid sick leave a year.

The regulations implement President Barack Obama’s Executive Order 13706, which was issued on September 7, 2015. The coverage provisions are the same as those for the $10.10 hourly minimum wage requirements for federal contractors. Employees whose wages are governed by the Davis-Bacon Act, the Service Contract Act, or the Fair Labor Standards Act (FLSA) are also covered.

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Puzder nomination could be the end of overtime rules

December 13, 2016 - by: Kate McGovern Tornone 0 COMMENTS

The president-elect’s nomination of Andy Puzder for secretary of labor may very well be the final nail in the coffin for the new overtime rules.

Puzder, CEO of CKE Restaurants, has been an outspoken critic of President Barack Obama’s employment initiatives for years. Several of those efforts, especially the overtime rules, are dead given Puzder’s appointment, says John Husband, a partner at Holland & Hart LLP and an editor of Colorado Employment Law Letter.

The overtime regulations, which would have required employers to pay overtime to all employees earning less than $913 per week ($47,476 annually), were scheduled to take effect December 1. With just days to spare, a federal district court judge issued a temporary injunction halting the rules’ implementation. The U.S. Department of Labor (DOL) appealed the injunction order to the U.S. 5th Circuit Court of Appeals, which agreed to fast-track its review. Still, the expedited schedule puts final briefings after the inauguration.

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