Posted on Wednesday, November 30, 2016 2:00 PM By Jeff Leieritz
On Nov. 22, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction blocking the U.S. Department of Labor’s (DOL) burdensome and costly overtime final rule. The rule would have changed the federal exemptions to overtime pay under the Fair Labor Standards Act for administrative, executive and professional employees, the so—called "white collar" worker classifications that have long been exempt from time-and-one-half pay for working more than 40 hours per week. The new rule will not go into effect without further action from the court.
Posted on Wednesday, November 16, 2016 3:46 PM By Jeff Leieritz
WASHINGTON, D.C., Nov. 16– Associated Builders and Contractors (ABC) today welcomed news that the U.S. District Court for the Northern District of Texas has permanently blocked the U.S. Department of Labor’s (DOL) “persuader rule,” officially named the "Interpretation of the ‘Advice’ Exemption in Section 203(c) of the Labor-Management Reporting and Disclosure Act." In finding the rule unlawful, the District Court has maintained employers’ right to obtain advice from labor relations experts.
Posted on Wednesday, September 21, 2016 12:18 PM By Jeff Leieritz
ABC and a coalition of business groups filed suit against the U.S. Department of Labor (DOL) Wage and Hour Division’s costly and burdensome final overtime rule on Sept. 20. The legal challenge was filed in the U.S. District Court for the Eastern District of Texas.
Posted on Wednesday, April 27, 2016 2:51 PM By Jeff Leieritz
ABC reiterated its opposition to the Department of Labor’s (DOL) “persuader rule” ahead of the April 27 U.S. House Committee on Education and the Workforce Subcommittee on Health, Education, Labor, and Pensions hearing on how the newly finalized regulation limits employers’ rights and undermines the right of workers to make informed decisions in union elections. The final rule, issued March 23, redefines “persuader” activity under the Labor Management Reporting and Disclosure Act (LMRDA) and triggers expanded reporting requirements for employers and their attorneys.
Posted on Wednesday, December 2, 2015 2:12 PM By Kinsey Cooper
The U.S. Department of Labor (DOL) released its latest regulatory agenda on Nov. 20. The agenda lists the priorities of the administration and the rulemakings they expect to release in 2016, their final year. An update on rulemakings affecting the construction industry is below.
Posted on Wednesday, October 14, 2015 10:18 AM By Jeff Leieritz
ABC reiterated its opposition to the Department of Labor’s (DOL) one-size-fits-all overtime proposal ahead of the Oct. 8 U.S. House of Representatives Small Business Committee Subcommittee on Investigations, Oversight and Regulations hearing on how the proposed regulation would impact small business owners and their employees. The proposed rule, which was issued July 6, makes changes to existing regulations under the Fair Labor Standards Act (FLSA) that define which employees are
exempt from overtime pay.
Posted on Wednesday, September 23, 2015 1:02 PM By Kinsey Cooper
Beginning Jan. 1, 2016, the minimum wage for workers on covered federal contracts and service contracts will increase to $10.15 per hour from $10.10 per hour in 2015. The increase is dictated by the Oct. 7, 2014, Department of Labor’s Wage and Hour Division final rule that implemented Executive Order 13658.
Posted on Wednesday, September 16, 2015 12:14 PM By Jeff Leieritz
On Sept. 10, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued its final rule
prohibiting federal contractors and subcontractors from terminating or otherwise discriminating against employees who discuss their compensation with co-workers or job applicants. This rule implements the Obama administration’s Equal Pay initiative under Executive Order 13665 and will take effect on Jan. 11, 2016.
Posted on Wednesday, September 9, 2015 1:10 PM By Jeff Leieritz
ABC and more than 900 members submitted comments in opposition to the U.S. Department of Labor (DOL), Wage and Hour Division’s July 6 Proposed Regulations for Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees. If enacted, the proposal, commonly referred to as “the overtime proposal,” would more than double the minimum salary for the white collar overtime exemption and would automatically update the salary levels on an annual basis.
Posted on Wednesday, July 22, 2015 12:05 PM By Donna Puglisi
The U.S. Department of Labor (DOL) released new guidance July 15 related to employers’ use of independent contractors. In the Administrator’s Interpretation and an accompanying blog post, Wage and Hour Division Administrator Dr. David Weil laments the “problematic trend” of deliberate misclassification, and considers the guidance part of a “multi-pronged approach” to combat the phenomenon.