Wage and Hour

Memo
22-054
Tuesday, March 22, 2022

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


Memo
22-055
Tuesday, March 22, 2022

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


Memo
22-041
Tuesday, March 1, 2022

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


Memo
22-021
Wednesday, February 2, 2022

Under an Executive Order issued by President Biden last April, the minimum wage on certain federal contracts and subcontracts was increased to $15.00 an hour beginning on January 30, 2022. Federal procurement regulations.


Memo
22-001
Tuesday, January 4, 2022

A recent Equal Pay Act ruling by a federal appeals court suggests that the Equal Employment Opportunity Commission wants it both ways when attempting to establish a pay discrimination claim.


Memo
21-240
Thursday, December 9, 2021

A provision in a bipartisan bill recently approved by the Senate Judiciary Committee would make it clear that former employee whistleblowers are covered under the False Claims Act’s anti-retaliation section.


Memo
21-232
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.


Memo
21-214
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


Memo
21-189
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.


Memo
21-188
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.


Memo
21-172
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.


Memo
21-169
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


Memo
21-155
Thursday, August 5, 2021

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


Memo
21-148
Tuesday, July 27, 2021

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.


Memo
21-109
Wednesday, May 26, 2021

CWC has filed comments with the Labor Department in support of keeping changes in the 2020 revisions to the “tip” regulations under the Fair Labor Standards Act that give greater recognition to good faith efforts by employers to comply.


Memo
21-098
Tuesday, May 11, 2021

In the less than four months since the Biden Administration took office, the Labor Department has already taken several actions to reverse wage-hour policies adopted during the previous administration that were designed to help employers meet their c


Memo
21-093
Tuesday, May 4, 2021

Following the lead of President Obama in 2014, President Biden has exercised his executive authority to increase the mandated minimum wage on certain types of federal contracts beginning next year to $15 an hour, more than double the federal minimum


Memo
22-078
Sunday, April 25, 2021

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.


Memo
21-081
Monday, April 19, 2021

CWC filed three comment letters with the Department of Labor last week once again providing sound reasons why the Biden Administration should allow important changes to the regulations implementing the Fair Labor Standards Act made by the prior admin


Memo
21-061
Wednesday, March 17, 2021

As expected, the Biden Administration’s Labor Department is proposing to withdraw two industry-supported regulations issued during the previous administration that were designed to clarify joint employer and independent contractor determinations unde


Memo
21-045
Tuesday, March 2, 2021

The Department of Labor has delayed implementation of revised regulations issued during the previous administration that were designed to codify 2018 amendments to the Fair Labor Standards Act regarding how the law treats tipped employees. CWC filed


Memo
21-043
Tuesday, February 23, 2021

The Labor Department was especially busy during the last few weeks of the Trump Administration in issuing opinion letters interpreting the Fair Labor Standards Act. As our memo explains, however, the Biden Administration can withdraw them if it disag


Memo
21-040
Thursday, February 18, 2021

With many employees continuing to work remotely due to the COVID-19 pandemic, the Labor Department has issued guidance on the limited circumstances where employers can post required FMLA and FLSA notices electronically in lieu of hard copy posting.


Memo
21-035
Thursday, February 11, 2021

The new regime at the Labor Department has ended a program instituted by the Trump Administration that permitted employers to remedy wage and hour violations, including awarding back pay to affected employees, without facing additional liability. Acc


Memo
21-029
Thursday, February 4, 2021

According to enforcement statistics covering Fiscal Year 2020 released recently by the Labor Department, the number of complaints resolved by DOL under both the Fair Labor Standards Act and the Family and Medical Leave Act dropped significantly from


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