By Daniel Reed
The Justice Department will no longer fight to preserve President Barrack Obama’s proposed overtime rule that a federal judge declared invalid in August.
The Obama-era rule would have required employers to pay overtime to most salaried workers who earn less than $47,476 annually, a sharp increase from the current annual salary ...
It’s been a good week for employers – at least from a governmental regulation perspective. Yesterday, we wrote about relaxed enforcement of the EEOC’s EEO-1 form requirements. That means employers will not need to provide wage data on EEO-1 forms to be submitted by March 31, 2018. (Click here for yesterday’s article.)
We had no sooner ...
That noise you just heard? It was employers across the country breathing a collective sigh of relief. The federal government’s Office of Management & Budget (“OMB”) announced this week that it is delaying enforcement of the wage and hour analysis portion of the new EEO-1 form (Component 2 of the form). However, Component 1, which seeks ...
On August 2, 2017, just prior to the August recess, the U.S. Senate confirmed the nomination of Marvin Kaplan by a vote of 50 to 48 to be a Member of the National Labor Relations Board. The Senate, however, did not vote on a second Trump nominee to the Board, William Emanuel. The vote on the second nominee is expected in September. With ...
A recent Kentucky Court of Appeals decision is a reminder of a litigation truism - there is no such thing as a “motion to change the facts.” Admittedly, I have handled numerous cases over the years wherein I wished, hoped and even prayed that I could file such a motion. Much to my chagrin, a “motion to change the facts” is ...
By Mitzi Wyrick
Last year, the United States Department of Labor (“DOL”) issued new overtime regulations that would have substantially increased the salary level necessary for employees to remain classified as exempt. Just before the new regulations were to go into effect, a United States District Court in Texas issued a nationwide ...
By Mitzi Wyrick
The United States Department of Labor Has Revived its Practice of Issuing Opinion Letters
Under the Obama Administration, the DOL’s Wage & Hour Division ceased issuing Opinion Letters and undertook the practice of issuing Administrator’s Interpretations which were designed to set forth generally applicable ...
On Tuesday, June 27, 2017, President Trump picked William Emanuel, 75, to fill one of the two vacancies on the National Labor Relations Board. The NLRB is currently controlled by Democrats, with a 2-1 majority. When there are no vacancies, the Board is filled with three members from the President’s party and two from the ...
Organized labor is attempting to fight back against Kentucky’s new right-to-work law. Yesterday, the Kentucky State AFL-CIO and Teamsters Local 89 filed a lawsuit asking a judge to block the law’s enforcement. The law, enacted in January 2017, bans labor unions from collecting mandatory dues from employees they ...
Last week, a Detroit funeral home filed a brief with the Sixth Circuit arguing that it could fire a transgender employee who refused to follow its sex-specific dress code. According to the funeral home, allowing the employee (who was transitioning from male to female) to wear women’s clothes at work -- namely, a skirt suit ...