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Department of Labor

Oct 29, 2018

NJ Sick Leave Act Confusion Continues

Today, October 29, the New Jersey Paid Sick Leave Act goes into effect.  Employers around the state have been working to update their sick leave or Paid Time Off policies to be fully compliant with this new workplace requirement.  The law, however, has left many questions unanswered.  » Read More

Dec 05, 2017

Healthcare, Hospitals, and Immigration: The Need to Access the Global Medical Professional Workforce with Ease

Every healthcare organization has two essential requirements: (1) continuous access to qualified talent; and (2) continuous access to significant numbers of that talent.  Hospitals clearly need a lot of employees.  To meet these demands, today, more than ever, hospitals and other healthcare providers call on international medical graduates, international students educated in medicine in the United States, global researchers in every practice of medicine, and world-renowned specialists in countless professions. » Read More

Jun 08, 2017

Could a new overtime rule be in our future?

In a recent budget hearing, U.S. Secretary of Labor Alexander Acosta indicated that the Department of Labor plans to re-assess the overtime rule issued by the prior administration and, in particular, the salary level set by the rule.  As you may recall, the proposed rule would have raised the required salary threshold for the “white collar” overtime exemptions from $455 per week to $913 per week.  » Read More

Nov 23, 2016

Federal Court Preliminarily Enjoins New FLSA Overtime Regulations

With Thanksgiving right around the corner, employers have one more thing to be thankful for, as a federal judge in Texas has granted a nationwide preliminary injunction halting the U.S. Department of Labor’s new Fair Labor Standards Act regulations on the “white collar” overtime exemptions (i.e. » Read More

Nov 21, 2016

Ruling on Challenge to New FLSA Overtime Regulations Expected Tomorrow

In the last two months, we have written about two lawsuits that challenge the Department of Labor’s new regulations on the “white collar” overtime exemptions, which go into effect on December 1. It now appears that we will receive a key ruling in this case on November 22. » Read More

May 23, 2016

DOL Announces New “White Collar” Exemption Regulations

The wait is finally over. Last week, the U.S. Department of Labor announced new Fair Labor Standards Act (“FLSA”) regulations governing the “white collar” exemptions from overtime.  This comes more than two years after President Obama instructed DOL to “update and modernize” the regulations and nearly a year after the DOL issued its controversial proposed regulations, which garnered nearly 270,000 comments from the public.   » Read More

Mar 16, 2016

Major FLSA Changes One Step Closer to Reality

It has been a while, but there is finally movement on the Department of Labor’s proposal to drastically change the white-collar exemption regulations of the Fair Labor Standards Act, which will result in millions of employees across the country being entitled to overtime pay that are not currently so eligible. » Read More

Aug 12, 2015

Department of Labor Issues Guidance on Independent Contractor Misclassification

Last month, the United States Department of Labor’s Wage and Hour Division (WHD) issued an Administrator’s Interpretation (AI) on the misclassification of independent contractors under the Fair Labor Standards Act (FLSA).  In the AI, the WHD contends that “most workers are employees” under the FLSA’s “very broad definition of employment,” and that this intended scope must be considered when applying the “economic realities” factors to determine whether a worker is an independent contractor or an employee. » Read More

Jun 15, 2015

U.S. Department of Labor Issues New FMLA Form

The U.S. Department of Labor (“DOL”) recently issued new model notices and medical certification forms for employers to use in administering Family and Medical Leave Act (“FMLA”) leave.  The new forms—which expire on May 31, 2018—largely mirror the previous versions except for references to the Genetic Information Nondiscrimination Act (“GINA”). » Read More

Jan 08, 2015

Department Of Labor Anticipates Increasing The Number Of White-Collar Employees Entitled To Overtime Pay In 2015

Under current, longstanding federal law, certain employees are considered “exempt” and are not entitled to overtime compensation. An exempt employee must be paid on a salaried basis and since 2004, the minimum salary required for an exemption has been $455/week, $23,660/year. » Read More