NLRB: Solo Strike May Be Protected Activity

Randi Klein Hyatt
Randi Klein Hyatt
07/06/2018
The National Labor Relations Board’s (NLRB) Division of Advice recently published an advice memorandum clarifying that the National Labor Relations Act (NLRA) can protect employees who engage in a solo strike. The memorandum centered on a former employee who was terminated from a Papa John’s restaurant in South Carolina after taking part in an August 2016 “Fight for $15” rally organized by several groups, including the Southern Workers...
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DOL Expands Association Health Plans While Trump Proposes Agency Restructure

Kollman & Saucier
Kollman & Saucier
06/22/2018
This week, the U.S. Department of Labor (DOL) made headlines with a final rule affecting small businesses and other entities and a merger proposed by the Trump Administration that could change the structure of the agency as we know it. Expanding Access to Association Health Plans On June 19, the DOL issued a final rule enabling small businesses, including self-employed individuals, to join in forming Association Health Plans (AHPs) for purposes of...
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FLSA Tip Regulations Facing Repeal By DOL

Kollman & Saucier
Kollman & Saucier
02/16/2018
Prior to and during my college years, I supported myself by working as a server in restaurants.  It was fast-paced, hard work with very long hours most of the time.  Dealing with hungry and demanding diners also had its mentally exhausting moments.  My restaurant job history is near and dear to my heart.  So when I learned about the Department of Justice’s proposal to remove Obama-era regulations prohibiting certain employers...
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DOL Reissues Opinion Letters Rescinded in 2009

Darrell VanDeusen
Darrell VanDeusen
01/10/2018
Last June, the U.S. Department of Labor announced that was reinstating Wage & Hour Opinion Letters. The agency also revamped its website where Opinion Letters and other guidance live. See https://www.dol.gov/whd/opinion/guidance.htm Now, the DOL has reissued more than a dozen advisory opinion letters that had been published late in George W. Bush’s administration but then rescinded by the Obama DOL. These letters could give employers guidance...
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DOL Ends Six-Factor Intern Test; Adopts “Primary Beneficiary” Standard

Darrell VanDeusen
Darrell VanDeusen
01/08/2018
Last Friday, the United States Department of Labor made the following announcement: “On Dec. 19, 2017, the U.S. Court of Appeals for the Ninth Circuit became the fourth federal appellate court to expressly reject the U.S. Department of Labor’s six-part test for determining whether interns and students are employees under the Fair Labor Standards Act (FLSA). The Department of Labor today clarified that going forward, the Department will conform...
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Labor Department Seeks Appeal and Stay of Overtime Ruling

Eric Paltell
Eric Paltell
11/01/2017
In a move that surprised many observers, on October 30, 2017, the United States Department of Labor appealed a federal judge's August ruling striking down the Obama-era overtime regulations.  In a statement issued by the DOL, the agency explained that it will also file a motion to freeze the appeal while it undertakes further rule making on what the appropriate salary level  for exempt status should be. Here's a quick recap on how we got to this...
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Department of Labor Issues New Minimum Wage for Federal Contractors

Randi Klein Hyatt
Randi Klein Hyatt
09/22/2017
On September 15, 2017, the Department of Labor issued a Notice setting forth the new minimum wage applicable to federal contractors covered by Executive Order 13658.  Effective January 1, 2018, the hourly wage will increase from $10.20 per hour to $10.35 per hour.  The wage rate for tipped employees will also increase to $7.25 per hour.  Covered contractors must advise their employees of the increase. Executive Order 13658 applies to all...
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President Trump Appoints Peter B. Robb to NLRB General Counsel Post

Randi Klein Hyatt
Randi Klein Hyatt
09/19/2017
On September 15, 2017, President Trump appointed Peter Robb to be General Counsel of the NLRB for a four year term.  Robb is a management-side attorney, who had previously served as chief counsel to former NLRB Member Robert Hunter. The General Counsel decides what actions to bring before the NLRB, and also has the authority to dismiss charges.  It is widely expected that Robb will roll-back guidance promulgated by President Obama’s General...
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DOL Overtime Rules: This Time, We Have Something to Report

Eric Paltell
Eric Paltell
09/05/2017
Barely more than 24 hours after we published a blog telling you there was little new to report on the Department of Labor's proposed changes to overtime regulations, something big happened:  a federal judge in Texas struck the proposed rules down.  Granting summary judgment to more than 55 business groups that challenged the rule, Judge Amos Mazzant ruled that the drastic increase in the salary required to be exempt -- from $23,660 to $47,476 - was...
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DOL Overtime Rules: More Useless but Important Information

Darrell VanDeusen
Darrell VanDeusen
08/30/2017
You may recall that I blogged on the stalled DOL overtime rules a month or so ago, with the Trump DOL repeatedly asking for extensions to file a brief in the Fifth Circuit. In that brief,   administration lawyers told the Fifth Circuit that the DOL intends to revise the overtime rule and asked the court to affirm the DOL’s right to use salary levels to determine eligibility for overtime pay.   DOL lawyers stated that the Department will not...
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