Law and the Workplace

Tag Archives: DOL

DOL Rescinds Trump-Era Joint Employer Rule

The U.S. Department of Labor announced on July 29 that it will rescind the March 2020 rule on Joint Employer Status under the Fair Labor Standards Act (the “2020 Rule”).  The DOL’s action removes the regulations established by the 2020 Rule and will become effective on September 28, 2021. 2020 Joint Employer Rule The 2020 … Continue Reading

OSHA Issues Guidance on Employer Recording Obligations Regarding Mandatory Vaccination Programs

***UPDATE: On May 21, 2021, OSHA published a new FAQ establishing that employers do not need to record adverse reactions from COVID-19 vaccines on their OSHA 300 Logs, at least through May of 2022.  The enforcement position applies regardless of whether an employer requires, recommends, or incentivizes employees to receive the vaccine. On April 20, … Continue Reading

DOL Updates FFCRA Regulations in Light of Recent SDNY Decision

On September 11, 2020 the U.S. Department of Labor (“DOL”) issued revised Families First Coronavirus Response Act (“FFCRA”) regulations in response to a federal court decision striking down certain portions of its previous regulations. The FFCRA is a federal law that requires certain employers to provide: (1) two weeks of paid sick leave to employees … Continue Reading

U.S. Department of Labor Releases New FMLA Forms and Requests Public Input on Existing Regulations

The U.S. Department of Labor (“DOL”) has released new and significantly revised versions of its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (“FMLA”). According to a press release by the DOL, the new forms, which are now currently in effect and can be found on the … Continue Reading

U.S. DOL Answers Questions From States About PUA Unemployment Program

The U.S. Department of Labor (DOL) recently issued an update to its Unemployment Insurance Program Letter (UIPL) 16-20 to provide additional guidance on the CARES Act’s Pandemic Unemployment Assistance (PUA) program in response to questions submitted by states. As a quick refresher, PUA expands unemployment benefit coverage to certain workers who traditionally are not eligible … Continue Reading

U.S. DOL Issues Additional Guidance on CARES Act Unemployment Programs

The U.S. Department of Labor (DOL) recently published two additional Unemployment Insurance Program Letters (UIPLs) providing guidance on the administration of the expanded unemployment insurance benefits under the CARES Act. The following summarizes the key points of these UIPLs. UIPL No. 15-20 addresses the Federal Pandemic Unemployment Compensation (FPUC) provision of the CARES Act, under … Continue Reading

DOL Releases FFCRA Regulations and Even More Informal Guidance – What Employers Need To Know

***Updated on April 13, 2020*** On April 1, 2020, the U.S. Department of Labor (“DOL”) posted a “temporary rule” issuing regulations, to implement the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and the Emergency Paid Sick Leave Act (“EPSLA”) provisions of the Families First Coronavirus Response Act (“FFCRA”). The regulations clarify, expand and build … Continue Reading

DOL Provides Additional Critical Guidance on the Federal Family First Coronavirus Response Act

*** Last updated March 28, 2020 *** The recently-passed Family First Coronavirus Response Act (FFCRA), which provides paid sick leave and emergency family leave, has raised many questions for employers. The US Department of Labor (DOL) has attempted to answer some of these questions by posting guidance for employers and employees on its website. Since … Continue Reading

U.S. Department of Labor Releases Model Notice Required by the Federal Family First Coronavirus Response Act

On March 25, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) released the model notice that covered employers must post regarding the Families First Coronavirus Response Act (“FFCRA”), along with Frequently Asked Questions regarding the notice requirements. You can read more about the recently enacted FFCRA here, as well as the WHD’s … Continue Reading

U.S. Department of Labor Releases Initial Guidance on the Federal Family First Coronavirus Response Act

*** Please note that the Department of Labor is updating (and in some cases revising) its initial guidance on a rolling basis, so be sure to click on the Questions and Answers link for the most current version. A blog post on the most recent updates to the guidance can be found here. *** On … Continue Reading

Second Circuit: Offers of Judgment on FLSA Claims Do Not Require Cheeks Review

On December 6, 2019, a divided Second Circuit panel concluded that settlement proposals in accepted offers of judgment under FRCP 68 are not subject to judicial review and approval.  Mei Xing Yu et al. v. Hasaki Restaurant Inc., No. 17-3888 (2d Cir. Dec. 6, 2019).  The decision departs from the conventional view that settlements of … Continue Reading

U.S. Department of Labor Proposes Revisions to Model FMLA Forms

The U.S. Department of Labor Wage and Hour Division is proposing revisions to its model notice of rights, certification, and designation forms under the federal Family and Medical Leave Act (FMLA).  Employers may, but are not required to, utilize the model forms to satisfy their notice requirements under the law and to obtain necessary information … Continue Reading

New York Finalizes New Wage Orders, Raising Minimum Salary Levels for Exemption

The New York State Department of Labor formally adopted new wage orders today that raise the weekly salary thresholds for exemption as an executive or administrative employee from the current $675 per week ($35,100 annually) to new levels that differ based on employer size and location. Effective December 31, 2016, the new salary thresholds in … Continue Reading

Eleventh Circuit Adopts Second Circuit’s “Primary Beneficiary” Test for Unpaid Interns

On September 11, 2015, the Eleventh Circuit became the first appellate court to address the standard for lawful unpaid internships since the Second Circuit’s ruling in Glatt et al. v. Fox Searchlight Pictures, Inc. et al. (For more on Glatt, see our post here). The new decision adopts the Glatt test and reasoning wholesale, and … Continue Reading
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