Agency Activity Archives - Page 6 of 17

DOL Issues First FMLA Opinion Letter Of 2019

Kollman & Saucier

04/09/2019

In FMLA2019-1-A, the DOL advised that an employer cannot delay designating qualifying leave as FMLA, even if requested by the employee. In particular, the DOL was asked if it is permissible to permit employees to exhaust first any non-FMLA leave prior to designating otherwise qualifying leave as FMLA. The DOL explained that an employer may not delay the designating qualifying leave as FMLA: "Once an eligible employee communicates a need to take...

Kollman & Saucier

03/28/2019

Agency Activity, Wage & Hour

As anyone who has ever tried to properly calculate overtime can attest, the question of what compensation should properly be included in an employee's regular rate of pay is a vexing one. On March 28, 2019, the United States Department of Labor proposed new rules that may add some clarity. The "regular rate" of pay is the base number that employers must multiply by 1.5 to determine how much overtime compensation is owed to an employee for hours...

Kollman & Saucier

03/08/2019

Agency Activity, Legal Developments, Legislative Developments, Wage & Hour

This has been an action-packed week on the wage and hour frontier. Two important decisions at the federal level are expected to significantly impact most employers going forward. Revised Overtime Rule First, on Thursday evening, the Department of Labor (DOL) announced its long-awaited proposed rule to update the salary exemption threshold under the Fair Labor Standards Act (FLSA) from its 2004 levels. All employees who are paid a salary falling...

Kollman & Saucier

12/07/2018

Agency Activity, Wage & Hour

Employers in the restaurant industry are probably familiar with the tip credit, which, in general terms, allows an employer to claim a “credit” between what it pays tipped employees and the minimum wage. The tips that such employees earn, and form the basis for the “credit,” are thought to make up for this gap. However, problems arise when tipped employees perform side work that is related, but not part of, the tipped work. For example,...

Darrell VanDeusen

11/12/2018

Agency Activity, NLRB, Union Activity

The National Labor Relations Board, we are told, is supposed to be the neutral government agency that addresses workplace issues between unions and employers. And I saw a pink unicorn on the way to work this morning. It is not unusual to hear employers sometimes suggest they are skeptical of the Board’s supposed “neutral” stance. A number of decisions coming from the NLRB during the Obama presidency could be characterized as...

Kollman & Saucier

10/11/2018

Agency Activity, Labor Law

On September 14, 2018, the NLRB's Office of General Counsel (OGC) issued a handful of advice memos, several of which are summarized here: The misclassification of employees as independent contractors violates the NLRA because misclassification has and will operate as a restraint on, and interference with, the individuals' exercise of their Section 7 rights. Telemundo Television Studios, LLC (June 13, 2017). Just like employees, independent...

Clifford Geiger

09/20/2018

Agency Activity, Immigration

Beginning in 2019, the Social Security Administration (SSA) will resume sending “no-match” letters to employers when information submitted on tax forms does not match SSA records. Typically, the name and social security number reported by a worker on Form W-4 does not match the information in SSA databases. The practice was ended by the Obama administration in 2012, the same year the Deferred Action for Childhood Arrivals (DACA) program was...

Kollman & Saucier

08/22/2018

Agency Activity, Workplace Safety

The Occupational Safety and Health Administration (OSHA) has issued a Notice of Proposed Rulemaking (NPRM) to rescind the majority of its contentious electronic reporting requirements. You may recall, back in May 2016, OSHA issued a final rule requiring employers with 250 or more employees to submit electronically Forms 300 (Log of Work-Related Injuries and Illnesses), 300A (Summary of Work-Related Injuries and Illnesses) and 301 (Injury and...

Kollman & Saucier

08/08/2018

Agency Activity, Labor Law

As some readers may be aware, last year, the National Labor Relations Board (the Board) reversed several Obama-era precedent setting cases bearing standards generally considered favorable to employees. This included The Boeing Company, 365 NLRB No. 154 (2017) (overruling the Lutheran Heritage standard); PCC Structurals, Inc., 365 NLRB No. 160 (2017) (overruling the Specialty Healthcare standard); and Hy-Brand, 365 NLRB No. 156 (2017)...

Kollman & Saucier

07/06/2018

Agency Activity, Labor Law

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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Email Updates

DOL Issues First FMLA Opinion Letter Of 2019

DOL Proposes New Rules on Regular Rate Calculations

Two Important Wage-Related Updates

Department of Labor Rescinds 80/20 Tip Rule

NLRB Union Protests Board Chair and GC

NLRB's Office of General Counsel Issues More Advice Memoranda

SSA To Resume Sending “No-Match” Letters

OSHA Signals The End Of The New Electronic Reporting Requirements

NLRB Seeks Input on Non-Work Related Use of Company Email Systems

NLRB: Solo Strike May Be Protected Activity

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Category: Agency Activity

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