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
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
After a six-month delay, Congress and the Biden Administration finally reached agreement on funding the government through the end of September. The EEOC, OFCCP, and the Wage and Hour Division all received modest increases, while the NLRB was flat-fu
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
The House of Representatives has approved big funding increases for several workplace enforcement agencies, including OFCCP and the NLRB. The House is also expected to approve a big increase for the EEOC as well. Final numbers will not be determined
As expected, the Biden Labor Department has formally rescinded revised FLSA regulations issued by the Trump Administration that were designed to provide helpful guidance to employers and the courts on the standards that apply for determining whether
The Labor Department has issued proposed rules to implement a Biden Executive Order issued in April that increases the minimum wage on covered federal contracts to $15 an hour beginning on January 30, 2022.
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, November 18, 2020
The Department of Labor has issued two new opinion letters applying the Fair Labor Standards Act’s training and travel time regulations to a number of different scenarios.
Wednesday, October 28, 2020
CWC has filed a comment letter with the Department of Labor strongly supporting the agency’s proposed interpretive rule for determining whether an individual is an employee or an independent contractor.
Friday, September 25, 2020
In a long-awaited regulatory action, the Labor Department is proposing to adopt a new “interpretive” rule for determining whether an individual is an employee or an independent contractor under the Fair Labor Standards Act. CWC will be submitting com
Friday, September 18, 2020
The Department of Labor recently released four new opinion letters interpreting application of the Fair Labor Standards Act to various scenarios, including guidance on the “fluctuating workweek” method of calculating overtime pay and whether highly p