Thursday, October 20, 2022
MEMBER FEEDBACK REQUESTED. As expected, the Labor Department has proposed new interpretive regulations under the Fair Labor Standards Act that would weigh heavily in favor of an employee versus independent contractor classification determination.
Two different Presidential Executive Orders set a higher minimum wage rate on certain government contracts depending on when the contract was executed. Pursuant to an escalator clause contained in each E.O., the minimum wage rate under each will incr
As has become the norm, Congress failed to reach agreement on final government spending levels for Fiscal Year 2023, which began on October 1, instead opting to temporarily fund government operations at FY 2022 levels through December 16. As a result
Tuesday, September 27, 2022
As President Biden nears the halfway point of his first term, most of his nominations to serve in key workplace enforcement agency positions have been confirmed by the U.S. Senate. There are a few important slots that still await action, however, as
Monday, September 12, 2022
For 40 years, the Labor Department has insisted that to be enforceable, a settlement of Fair Labor Standards Act claims must be supervised by the agency or approved by a federal court. Two recent federal court rulings state that there is nothing in t
MEMBER FEEDBACK REQUESTED. The Department of Labor has published proposed regulations pursuant to a Biden Executive Order issued late last year that would require a successor contractor on a contract covered by the Service Contract Act to give the pr
New guidance posted recently by the Department of Labor serves as a reminder that the Family and Medical Leave Act covers serious mental health conditions as well as serious physical health conditions.
A House of Representatives committee has approved a bill that would rewrite the FLSA to significantly expand the law’s disclosure and enforcement provisions. As our memo explains, however, the bill seems more intended as a political statement rather
In a political setback to the Biden Administration, the U.S. Senate has rejected the President’s nomination of former Obama-era Department of Labor Wage and Hour Administrator David Weil to serve in the same position again.
Wednesday, March 30, 2022
As expected, the proposed budget that the President has submitted to Congress to fund the government for the upcoming fiscal year beginning on October 1 asks for big funding increases for OFCCP and the EEOC, among other workplace enforcement agencies
The Labor Department is proposing a major revision of its regulations implementing the Depression-era Davis-Bacon Act. Under the proposal, it would be more likely that union wage rates would apply on federal construction projects, making it easier fo
A federal court has ruled that the Biden Administration failed to comply with applicable procedural requirements in attempting to withdraw a helpful employee classification rule issued by the Trump Labor Department. As a result, the Trump rule is in
Wednesday, March 16, 2022
The three agencies involved in the inter-agency anti-retaliation initiative announced by the Biden Administration last November recently held a second webinar to promote their efforts, once again stressing that the focus of the initiative is on prote
The 90-year-old Davis-Bacon Act sets wage and fringe benefit requirements on certain federal construction contracts. Because we get Davis-Bacon related compliance questions from time to time, we thought it might be helpful to prepare this primer on t
Tuesday, December 21, 2021
As President Biden’s first year in office draws to a close, we take a look at how many of his key appointments to run the agencies that regulate the workplace have been confirmed by the U.S. Senate, as well as a number of nominations that still await
Thursday, December 16, 2021
The Biden Administration’s latest semi-annual regulatory agenda contains a number of new items that will be of interest to CWC members, including new initiatives from OFCCP, DOL’s Wage and Hour Division, and the NLRB.
Tuesday, November 30, 2021
The Department of Labor has issued final regulations to implement President Biden’s Executive Order signed earlier this year that raises the minimum wage on covered federal contracts to $15.00 an hour beginning on January 30, 2022.
Wednesday, November 17, 2021
A recent federal appeals court ruling simply confirms that industry-supported revisions to regulations governing joint employment under the Fair Labor Standards Act that were issued in 2020 by the Trump Administration have been rescinded by the Biden
Wednesday, November 3, 2021
As expected, the Labor Department has issued a final rule rolling back revisions made by the Trump Administration to the regulations governing employers’ use of the tip credit under the Fair Labor Standards Act. Restoration of the so-called 80-20 rul
Wednesday, October 6, 2021
Because the temporary funding bill approved by Congress at the last minute to keep the government running until December 3 freezes agency budgets at last year’s levels, plans by the Labor Department and other workplace enforcement agencies to hire ad
Monday, September 27, 2021
The Department of Labor has allowed another portion of the revised “tip” regulations issued at the end of the Trump Administration to go into effect, albeit with changes demanded by worker advocates.
Tuesday, September 21, 2021
Pursuant to an Executive Order issued by former President Obama in 2014, federal contractors subject to that order will be required to start paying eligible workers a minimum wage of $11.25 (up from $10.95) an hour beginning January 1, 2022.
Wednesday, September 15, 2021
Congressional Democrats are moving forward with their $3.5 billion government spending bill, which also includes a host of major policy changes, some of which will have a major impact on workplace compliance.
Thursday, September 2, 2021
Our comments to the Labor Department regarding its proposed regulations to implement President Biden’s new Executive Order mandating a $15 an hour minimum wage on certain federal contracts urge consistency with regulations implementing a similar E.O.
Thursday, August 26, 2021
CWC has filed written comments with the Department of Labor opposing a new impractical test that DOL is proposing that will deter use of the so-called tip credit. Instead, our comments urge retention of a provision in last year’s revised tip regulati