Authored by Alex Passantino
In the second bit of wage hour news today, and in advance of Secretary Acosta’s hearing before a Senate Appropriations subcommittee, the Department of Labor announced the return of opinion letters. In 2010, the Obama Administration had eliminated the long-standing practice of issuing opinion letters in favor of Administrator Interpretations.
The Department’s announcement allows the
Continue Reading They’re Back … DOL Announces the Return of Opinion Letters
Authored by Alex Passantino
Today, the DOL’s Wage & Hour Division (WHD) sent its anticipated Request for Information (RFI) on the overtime rule to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA). Review of the RFI by OIRA is one of the final steps before publication in the Federal Register.
The RFI is expected to
Continue Reading DOL Sends OT Request for Information to White House for Review
Authored by Alex Passantino
During his Wednesday hearing before a House Appropriations Subcommittee, in which he addressed the Trump Administration’s proposed budget for DOL, Secretary Alexander Acosta informed the committee that the Department planned to issue a Request for Information (RFI) regarding the currently enjoined overtime rules. The anticipated timetable is 2-3 weeks, but it is unclear whether that represents
Continue Reading DOL Expected to Issue Request for Information on OT Rules
Authored by Alex Passantino
On June 7, Department of Labor Secretary Alexander Acosta announced the withdrawal of the DOL’s 2015 and 2016 Administrator Interpretations (“AIs”) on joint employment and independent contractors. These documents were statements of the Wage & Hour Division’s interpretations of the FLSA’s (and Migrant and Seasonal Agricultural Worker Protection
Continue Reading DOL Withdraws Guidance on Joint Employment, Independent Contractors
Co-authored by Kara Goodwin and Noah Finkel
Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use payments for bona fide meal periods as an offset/credit against compensable work time. If the Supreme Court accepts the case, it would also provide an excellent opportunity for the
Continue Reading No Good Deed Goes Unpunished – The Supreme Court May Decide Whether Payments for Meal Breaks Can Offset Alleged Off-The-Clock Work
Authored by John P. Phillips
Seyfarth Synopsis: Recently the Ninth Circuit doubled down on its decision that service advisers at car dealerships are not exempt from the FLSA, despite being overturned once by the U.S. Supreme Court. This case gives the Supreme Court an excellent opportunity to address the proper construction of FLSA exemptions and allow the plain and common
Continue Reading The Ninth Circuit Goes All In. Will the Supreme Court Call?
Authored by Ryan McCoy
Seyfarth Synopsis: On May 2, 2017, the House of Representatives passed a bill amending the Fair Labor Standards Act to permit private employees to choose to take paid time off instead of monetary overtime compensation when working more than 40 hours in one week. Passed along party lines in the House, the bill would still
Continue Reading Cash Now or Paid Time Off Later? House Passes FLSA Amendment to Permit Private Sector Comp Time
Co-authored by Brett Bartlett and Kevin Young
Seyfarth Synopsis: Last Thursday, the Senate confirmed Alexander Acosta as the 27th United States Secretary of Labor. Filling the final post in President Trump’s cabinet, Acosta will lead a Department of Labor that has, since inauguration, operated without political leadership in the Secretary role. With Secretary Acosta in place, the DOL now
Continue Reading Acosta Takes the Helm
Authored by Sheryl Skibbe
On Wednesday, the Fifth Circuit Court of Appeals granted the Justice Department’s additional unopposed request for a 60-day extension to figure out its position on the new FLSA overtime exemption rules.
The stated reason for the government’s unopposed request was to “allow incoming leadership personnel adequate time to consider the issues.” Nevada v. DOL, No.
Continue Reading Time and Time Again
Authored by Emily Barker
President Trump’s pick for Labor Secretary, Andrew F. Puzder, has withdrawn his name from consideration. Support for Puzder had eroded quickly over the last week.
To secure his appointment, Puzder needed at least 50 Senate votes plus a possible tie-breaking vote from Vice President Pence. Republicans control 52 seats in the Senate. Puzder withdrew from consideration
Continue Reading Puzder Bows Out, While the DOL (and its New OT Rule) Waits