The winding legal path of the 2016 “white collar” regulations has come to an end.On August 31, 2017, the Honorable Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas struck down the U.S. Department of Labor’s (“DOL”) regulation that would have, among...
but asking “judges to examine all the facts, and balance them, avoids formulating a rule of decision.” A test that asks courts to conduct a case-by-case analysis of the economic relationship without any reliance on formal guidance risks i...
” according to the commissioner in the MOL. “In order to clarify, unify and codify this longstanding guidance, the commissioner acted well within her authority in adopting the Wage Payment Rulesin 2016.” Reardon calls on the court to annul the board’s decision and grant any appropriate ...
The article reports on the opinion letter issued by the Wage-Hour Division of the Department of Labor that responds to the inquiries from employers and interested parties about the application new wage-hour rules in the U.S.EBSCO_bspPayroll Managers Letter...
we anticipate that this review may well broaden to consider pension freedoms, particularly in providing greater support to individuals accessing their pensions for the first time. This is likely to be closely associated with the Advice Guidance Boundary Review, where we are engaging with the Governmen...
The Final Rule also codifies, with minor changes, the DOL’s previous guidance eliminating the so-called “20%” or “80/20” Rule. That Rule limited the percentage of time (i.e., 20%) a tipped worker could spend performing allegedly non-tipped duties and still take a tip credit. ...
wage in both LCAs and PWDs applications. The Office of Foreign Labor Certification (OFLC) has provided employers and legal practitioners with additionalguidanceregarding requirements for alternative wage surveys. Accordingly, U.S. employers may consider using alternative wage surveys (i.e., private ...
DOL Guidance on the Proper Classification of Workers as Independent Contractors or EmployeesWage and Hour DivisionU.S. Department of Labor
The WHD reaffirmed that an employer can use the Section 7(i) exemption simultaneously with commencement of the representative period. Consistent with its earlier guidance, the WHD cautioned that if at the conclusion of the initial representative period, the employee’s commissions do n...