Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: USDOL

Trumpdate: Tons of employment-related stuff!

Posted in Discrimination, Elections, Immigration, Politics, Wage-Hour
The employment law week in Trumpland started out a little slow, but now we’re back in business. Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good for his successor nominee Alexander Acosta. Mr. Acosta seems to have bipartisan support in the Senate, and has even… Continue Reading

Trumpdate: Court refuses to stay TRO against travel ban, Puzder hearing scheduled

Posted in Elections, Immigration, Politics
Yesterday, a panel of the U.S. Court of Appeals for the Ninth Circuit denied the Trump Administration’s motion to stay the temporary restraining order issued by a federal judge in Seattle. This means that the TRO, which blocks the temporary travel ban from taking effect, will remain in place. The Administration may seek review by… Continue Reading

Daily Trumpdate: DOL requests extension in overtime case

Posted in Elections, Politics, Wage-Hour
Dum-da-dum-dum! Bloomberg BNA reports that the U.S. Department of Labor, which is the defendant in a lawsuit challenging the rule regarding white-collar exemptions to the overtime provisions of the Fair Labor Standards Act, has asked for an extension of time to allow “incoming leadership personnel adequate time to consider the issues.” You know what that… Continue Reading

Daily Trumpdate: The 4 known SCOTUS contenders

Posted in Elections, Politics
President Trump announced yesterday that he would be naming his nominee for the U.S. Supreme Court next week. The nominee, if confirmed, will fill the seat vacated by the late Justice Antonin Scalia. According to most news sources, the three leading contenders are U.S. Court of Appeals Judges William Pryor (Eleventh Circuit), Neil Gorsuch (Tenth Circuit),… Continue Reading

Trump quickies: Regulatory freeze, “listening session” with unions, Puzder status

Posted in Elections, Labor Relations, Politics, Wage-Hour
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… Continue Reading

Trump to nominate fast food exec Andy Puzder as Secretary of Labor

Posted in Affirmative Action, Immigration, Politics, Wage-Hour
Sources within President-Elect Donald Trump’s transition team said today that Mr. Trump’s nominee for Secretary of Labor would be Andy Puzder, Chief Executive Officer of CKE Restaurants, Inc., which includes Hardee’s and Carl’s Jr. A formal announcement is expected on Monday. UPDATE (12/8/16): Well, I guess it’s already official. CKE’s website has a bio of… Continue Reading

What should employers do about overtime now? Ask the wage-hour lawyers.

Posted in Wage-Hour
As most readers know, the U.S. Department of Labor’s overtime rule, which was set to take effect yesterday, was preliminarily enjoined (temporarily blocked) on November 22 by U.S. District Court Judge Amos Mazzant III. The injunction in Nevada v. Perez applies nationwide, but the court’s decision is not final, and the DOL appealed yesterday. An article… Continue Reading

Weekly catch-up

Posted in ConstangyTV, Drug Testing, FOCUS, Immigration, Safety
The November edition of ConstangyTV’s Close-Up on Workplace Law tackles workplace holiday parties, the legal risks, and how to minimize those risks. Host Leigh Tyson interviews Gary Wheeler of our Jacksonville Office about what employers should and shouldn’t do. If you haven’t already done so, please subscribe to our YouTube channel. The new, improved I-9 form. Elizabeth… Continue Reading

Employment and labor law developments (and a few other things) I’m thankful for

Posted in Affirmative Action, Discrimination, Elections, FOCUS, Gender Identity Discrimination, Labor Relations, Public Sector Employment, Settlements, Sexual Orientation
This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department of Labor’s new rule governing white-collar exemptions under the Fair Labor Standards Act was struck… Continue Reading

Weekly catch-up

Posted in HR, Labor Relations
The U.S. Department of Labor’s new Persuader Rule, which was scheduled to take effect July 1 before it was temporarily blocked by a federal judge in Lubbock, Texas, has now been permanently enjoined. That means the new Rule is dead, subject to the DOL’s right to appeal the decision. And, of course, with the incoming Trump… Continue Reading

DOL’s new online tool may result in more OFCCP complaints

Posted in Affirmative Action, Discrimination, Labor Relations, Retaliation, Safety, Wage-Hour
The U.S. Department of Labor recently rolled out www.worker.gov, an online tool designed to help employees file various types of complaints against their employers. The White House announced that the website will assist individuals “if they have had wages stolen, been injured on the job, faced discrimination, or been retaliated against for joining together to… Continue Reading

Weekly catch-up

Posted in Affirmative Action, Discrimination, Elections, Equal Pay, Reference
The Equal Employment Opportunity Commission announced last week that it would indeed require all employers with 100 or more employees to file EEO-1 reports that contain compensation data by EEO category, race, ethnicity, and sex. The first compensation reports will be due March 31, 2018, for a “snapshot” period that will run from October 1 through… Continue Reading

DOL announces 2017 minimum wages for federal contractors

Posted in Affirmative Action, Wage-Hour
The U.S. Department of Labor announced last week that covered federal contractors and subcontractors will be required to pay workers an hourly minimum wage of $10.20 an hour beginning January 1, 2017.  The minimum cash wage for tipped workers will increase to $6.80 an hour. The annual increases are required by an Executive Order issued in February 2014, which mandates that… Continue Reading

Weekly catch-up

Posted in Safety
The U.S. Department of Labor and U.S. Steel have settled their OSHA retaliation lawsuit over the suspension of two employees who failed to comply with the company’s “Immediate Reporting Policy,” which required employees to report workplace injuries and illnesses . . . immediately. That’s nice, but it’s even nicer that the settlement, which is publicly available, includes… Continue Reading

Light reading for your Fourth of July weekend

Posted in Constangy News, Discrimination, Drug Testing, FOCUS, Gender Identity Discrimination, Labor Relations, Lawyers!, Retaliation, Safety
Well, maybe not light reading, but good reading about good news that you won’t want to miss! Here are our bulletins and other publications from the last week, in case you missed them: *Heather Owen is already shooting off Fourth of July fireworks at the FOCUS women’s leadership blog because our firm was named this week by the National… Continue Reading

Military employment rights: A recap for the Memorial Day weekend

Posted in Americans with Disabilities Act, Family and Medical Leave Act, Military, USERRA
In honor of Memorial Day weekend, here’s a summary of the rights of employees who take leaves of absence to serve our country, and their family members. USERRA The Uniformed Services Employment and Reemployment Rights Act of 1994 protects employees who leave their jobs to serve in various military capacities. Five year (or more) rule. An… Continue Reading

What’s the world coming to? Federal OT rule is more employee-friendly than California law!

Posted in Only in California, Wage-Hour
BREAKING NEWS:  CALIFORNIA FALLS INTO THE SEA! Well, not exactly.  But some natural phenomena occur only once or twice in a lifetime—like Halley’s Comet, or the turn of the Millennium, or the Mets winning the pennant.  Another one happened today:  the FLSA has become more protective or workers than California law, which is ordinarily the… Continue Reading