Tag: DOL

DOL Delays Overtime Rule Until March 2019 In fall 2018, the U.S. Department of Labor, Wage and Hour Division (WHD) announced that it intends to issue a Notice of Proposed Rulemaking (NPRM) in March 2019 to determine the appropriate salary level for exemption of executive, administrative, and professional employees. The WHD stated that it is…

HHS Hurricane Florence and HIPAA Bulletin Released In light of the public health emergencies announced for the Carolinas due to Hurricane Florence, the federal Department of Health and Human Services (HHS) released a Hurricane Florence and HIPAA Bulletin: Limited Waiver of HIPAA Sanctions and Penalties During a Declared Emergency. Read the bulletin E-Verify Expands Access…

On August 24, 2018, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced the following three directives: Guidance for Contractor Compensation Practices: Directive 2018-05 clarifies the OFCCP’s approach to conducting compensation evaluations, supports compliance and compensation self-analyses by contractors, and improves compensation analysis consistency and efficiency during compliance evaluations. Contractor Recognition Programs: Directive…

FMLA Forms Expire June 1

The Department of Labor’s (DOL’s) Family and Medical Leave Act (FMLA) forms expire at midnight tonight. So what should you do? Keep using them. (Note that use of these forms was already optional.) The DOL is required to submit forms to the Office of Management and Budget (OMB) for approval every three years. The DOL…

DOL Releases Assistance for Enforcement of Tip Credit Rules under FLSA On April 6, 2018, the U.S. Department of Labor released a field assistance bulletin (FAB No. 2018-3) providing guidance concerning the Wage and Hour Division’s (WHD) enforcement of tip credit rules under the Fair Labor Standards Act (FLSA) after Congress amended the FLSA in…

Summary plan descriptions (SPDs) are required for all retirement, health, and welfare plans subject to the Employee Retirement Income Security Act of 1974 (ERISA). However, misconceptions about this requirement are widespread. ERISA attorney Stacy H. Barrow, partner with Marathas Barrow Weatherhead Lent LLP, had a chat with ThinkHR about the importance of having proper ERISA…

In its March 15, 2018, decision, the U.S. Court of Appeals for the Fifth Circuit overturned the U.S. Department of Labor’s (DOL) Fiduciary Rule that expanded the definition of an investment advice fiduciary under the federal Employee Retirement Income Security Act (ERISA). Under the Fiduciary Rule, investment brokers were going to be required to put…

Are you in the know? Find out with this quiz by Robin Shea, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP. In R.G. and G.R., the U.S. Court of Appeals for the Sixth Circuit found in favor of the Equal Employment Opportunity Commission in a…

President Trump has announced his intent to nominate Preston Rutledge as Assistant Secretary of Labor, Employee Benefits Security Administration (EBSA). The position as head of the EBSA has been vacant since Phyllis Borzi stepped down in January 2017. The White House announcement includes highlights of Mr. Rutledge’s career which clearly demonstrate his knowledge and experience…

Question: How do employers know which states accept the Department of Labor Family and Medical Leave Act (FMLA) notice form? Answer: Generally, if a state does not have a state specific family and medical leave law, the Department of Labor notification template is sufficient. However, if a state law differs from the federal Family and…