Latest Articles

On March 28, 2019, the U.S. Department of Labor (DOL) announced a new proposed rule that would clarify that certain payments and benefits provided by employers do not factor in to employees’ “regular rate,” which is used to calculate overtime pay. This latest announcement is on top of a flurry of recent activity from DOL in March 2019, including another proposed rule to increase the minimum salary threshold required for most “exempt” employees and three…
On August 10, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new policy directive aimed at protecting the religious freedom of employees and ensuring a “level playing field” for religious organizations to compete for federal contracts. While the 2014 Obama administration rule prohibiting discrimination based on sexual orientation and gender identity remains intact, the OFCCP will be updating its FAQ page on the “Religious Employers and Religious Exemption” as the…
The National Labor Relations Board (NLRB) has recently taken one step forward, two steps back in terms of providing certainty to employers that use independent contractors. On February 16, the NLRB invited briefing on the issue of under “what circumstances, if any, should the Board deem an employer’s act of misclassifying statutory employees as independent contractors a violation” of federal labor law?  As we have discussed, in December 2017, the NLRB formally withdrew an…
Although the Trump administration made a mark on labor and employment policy at the federal level in 2017, employers can expect greater movement in 2018 once more of Trump’s nominees for federal agencies take office and implement more business-friendly policy changes. Increasing media coverage about sexual harassment and racism in the workplace also demonstrates that employers must continue to comply with longstanding employment laws.…
Certain job advertisements have drawn media scrutiny in recent weeks, including dozens of postings seeking applicants with a “neutral” accent for language teaching, sales, and IT support jobs. Another trend, in the opposite direction, is that some advertisements are specifically directed at foreign workers with H-1B visas, as one headline said “Java Developer – (H-1B Only).”…
For the first time since 1970, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is updating its sex discrimination guidelines for federal contractors. These updates, announced last week, will become effective on August 15, 2016. Most companies subject to the OFFCP’s oversight – including businesses that perform work for the federal government under contracts worth at least $10,000 – will only need to make few, if any, changes to their current practices…
For months, employers have been anxiously awaiting the Department of Labor’s (DOL’s) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA) and wondering whether the DOL would pass the rule as previously proposed or make modifications to its June 2015 proposed rule. Now the wait is finally over and, as anticipated, the DOL’s final rule (which will be published in the Federal Register today) contains some significant changes for employers…