Wage and Hour Division

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Co-authored by Louisa Johnson and Alex Passantino

As you have no doubt heard, the Department of Labor’s Wage & Hour Division (“WHD”) has proposed revisions to the regulations defining which of your white-collar employees qualify as exempt from the Fair Labor Standards Act’s overtime pay and minimum wage requirements. In addition to proposing that the minimum salary level for exemption…
Continue Reading How Contemplated Changes to the White-Collar Exemptions’ Duties Tests Could Reward Your Poor Performers…and What You Can Do in Response

Authored by Alex Passantino

Today, the U.S. Department of Labor’s Wage & Hour Division announced its long-awaited proposal to amend 29 CFR Part 541, the “white collar” exemption for executive, administrative, and professional employees. Somewhat surprisingly, the Division only made specific proposals with respect to the salary levels required for the exemption and the highly-compensated exemption. In 2016, which is…
Continue Reading Obama Administration Proposes New Overtime Rules

Authored by Alex Passantino

In the Department of Labor’s regulatory agenda for Spring 2015, the Wage & Hour Division announced a request for information (RFI) regarding “the use of technology, including portable electronic devices, by employees away from the workplace and outside of scheduled work hours outside of scheduled work outside of scheduled work hours.”  No formal rulemaking has been…
Continue Reading Wage and Hour Division Seeks Information on Smartphones’ Impact on Hours Worked

Co-authored by Lynn Kappelman, Timothy Haley, and Karla E. Sanchez

Recently, we learned that the Department of Labor’s Wage & Hour Division has launched a sweeping FLSA compliance review focused on major retailers who employ janitorial workers. As part of that initiative, WHD has visited multiple retailer locations and has interviewed location management and janitorial employees. WHD has…
Continue Reading The Department of Labor Investigates Retailers’ Relationships with Janitors

Authored by Alex Passantino

It’s the week before Christmas, and we’ve accepted our mission,
The annual wage hour “sum-up” composition.
And to start it all off, we’ve got something nice,
‘Cause the Supreme Court addressed wage and hour stuff twice.

The year started out with the first one of those;
As Justice Scalia answered “What counts as clothes?”
With…
Continue Reading Integral Clothes and Mistletoes: 2014 Year in Review

Authored by Alex Passantino

As we noted previously, on October 7, 2014, the Department of Labor’s Wage & Hour Division (WHD) issued a Final Rule implementing a $10.10 minimum wage for federal contractor employees pursuant to Executive Order 13658.

Executive Order 13658 generally requires that the hourly minimum wage paid by contractors to workers performing “on or in connection…
Continue Reading DOL Issues Final Rule on Minimum Wage for Certain Federal Contractor Employees

Authored by Alex Passantino

Last Friday, the Department of Labor’s Wage & Hour Division (WHD) submitted to the White House Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) its Final Rule to implement a $10.10 minimum wage for federal contractor employees pursuant to Executive Order 13658.  The Final Rule will address comments made by the…
Continue Reading The $10.10 Minimum Wage for Employees Servicing and Supporting Federal Contracts Moves a Little Further on Down the Road: DOL Sends Final Rule to OMB for Review

Authored by Alex Passantino

Earlier today, the Department of Labor’s Wage & Hour Division (WHD) announced that it will publish a Notice of Proposed Rulemaking (NPRM) to implement a $10.10 minimum wage for federal contractor employees pursuant to Executive Order 13658.  Comments to the NPRM will be due 30 days after its publication in the Federal Register, which has…
Continue Reading DOL Takes the Next Step for a $10.10 Minimum Wage to Employees Servicing and Supporting Federal Contracts

Authored by Alex Passantino

The Department of Labor (DOL) has taken the next step in making a $10.10 minimum wage for government contract employees a reality.  Yesterday, DOL’s Wage & Hour Division submitted its proposed rule to the White House’s Office of Management and Budget (OMB).  OMB’s Office of Information and Regulatory Affairs will review the rule, and, once approved,…
Continue Reading One Step Closer to $10.10 An Hour . . . For Federal Contractors, At Least: Executive Order Regulations Head to OMB

Authored by Alex Passantino

Today, for the first time in a decade, the Wage & Hour Division has a Senate-confirmed Administrator.  In last night’s 51-42 vote, the Senate confirmed Dr. David Weil as the Administrator of the U.S. Department of Labor’s Wage and Hour Division.  Dr. Weil previously was Professor of Markets, Public Policy and Law and the Everett W.
Continue Reading WEIL CONFIRMED AS ADMINISTRATOR