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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EEOC’s Wellness Program Rules Run into a Roadblock

Healthcare in the U.S. is a hard issue.  And it’s expensive too.  Ok, you know that.  Years ago, some employers concluded that one way to reduce healthcare costs was to figure out who might get really sick and then either not hire them, or fire them.  Really a bad idea, and one that led to passage of the Genetic Information Non-Discrimination Act (GINA) and similar state laws. So, many employers looked to more “benign” ways to encourage...
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OSHA Launches E-Filing for Mandatory Injury and Illness Reports

Randi Klein Hyatt
Randi Klein Hyatt
07/25/2017
On August 1, the Occupational Safety and Health Administration's (OSHA) electronic portal, the Injury Tracking Application (ITA), will go live for employers to file their reports of workplace illnesses and injuries.  OSHA's electronic record-keeping rule, which applies to companies with 250 employees or more, requires employers to submit electronically the OSHA Form 300 (Log of Work-Related Injuries and Illnesses); OSHA Form 300A (Summary of...
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New I-9 Takes Effect September 18th

Randi Klein Hyatt
Randi Klein Hyatt
07/20/2017
The U.S. Citizenship and Immigration Services has issued a new I-9 Form effective September 18, 2017.  The I-9 Form is used to document all new hires, and must be maintained by the employer until the later of (a) one year after the employee separated from the company or (b) three years after the employee began work. The revisions add non-substantive changes to the instructions, and revise the list of acceptable documents.  While these changes are...
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What Happens When You Put "OFCCP" Into Google?

Randi Klein Hyatt
Randi Klein Hyatt
07/18/2017
A recent ruling in a case between Google and the Office of Federal Contract Compliance Programs (OFCCP) shows some of the downside risks of doing business with the federal government.  In Google’s case, it had the resources and the ability to push back a bit against the agency's findings.  However, the case demonstrates why federal contractors need to have clear employment practices in place and understand that the government has broad powers to...
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Maryland’s Minimum Wage $9.25/hour as of July 1, 2017; and a DOL Update

Darrell VanDeusen
Darrell VanDeusen
07/03/2017
Here’s a brief update on things Wage and Hour: Maryland Minimum Wage Rates Continuing the step increase in Maryland’s minimum wage passed by the General Assembly a few years ago, on July 1, the state minimum wage increased to $9.25/hour.   The final planned increase to $10.10/hour will occur on July 1, 2018.. July 1 also saw an increase in the minimum wage required to be paid in Montgomery County to $11.50/hour.   Prince George’s County...
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Trump Expected to Nominate Two Management Attorneys to NLRB

Eric Paltell
Eric Paltell
05/11/2017
According to sources with access to the White House, President Trump  plans to nominate two Republican attorneys to the NLRB by June, and to have them confirmed by the Senate before its August recess.  The nominees,  Marvin Kaplan and William Emanuel, would  fill the two vacant slots on the  Board and give agency a Republican majority. Emanuel is a management-side employment lawyer with Littler Mendelson in Los Angeles.  According to the...
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