DOL

Even if Staffing Company is Paying Employees, You Could be on the Hook for Unpaid Wages

Posted on April 19, 2017

The Situation: You go through a temporary staffing company for a certain group of employees and that company takes care of paying the employees. If the staffing company fails to properly pay these employees, what type of consequences could you face?…

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Sick Leave for Federal Contractors—DOL’s Proposed Rule

Posted on March 2, 2016

The Situation: Your company does jobs for the federal government. You don’t currently provide employees with sick leave. Will you be required to change this practice?…

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New Checklist from OFCCP Related to Affirmative Action

Posted on August 14, 2015

The Rehabilitation Act prohibits discrimination against individuals with disabilities and requires government contractors and subcontractors to take affirmative action to give jobs to and promote qualified individuals with disabilities.  According to the DOL, an affirmative action program is meant to provide individuals with disabilities with equal employment opportunity-it is supposed to be dynamic in nature and have measurable objectives and involve internal auditing.  These affirmative action requirements under Section 503 apply to all government contracts and subcontracts over $15,000 for the purchase, sale or use of personal property or nonpersonal services.  The written affirmative action programs requirements found in Subpart C of the Section 503 rule apply to every government contractor with 50 or more employees and a contract of $50,000 or more. The regulatory authority (OFCCP) has now developed an interactive checklist for contractors—the purpose of the checklist is to make contractors aware of their obligations and help them to comply with these obligations.…

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DOL casts wider net for misclassified independent contractors

Posted on July 17, 2015

The DOL is continuing in its initiative to address misclassification and make sure there are more employees and less independent contractors in the future. The Wage and Hour Division of the DOL issued Administrator’s Interpretation 2015-1: The Application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the Identification of Employees Who Are Misclassified as Independent Contractors on Wednesday, July 15, 2015.…

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New guidance from DOL regarding workplace violence

Posted on April 3, 2015

Based on a continuing problem of violence in the workplace, the DOL has issued updated guidance related to this important topic. According to the press release announcing the issuance of the new guidelines, the Bureau of Labor Statistics reported that more than 23,000 significant injuries in 2013 occurred due to assaults in the workplace—and 70% of these were in the healthcare and social service settings. The guidance offers best practices and provides effective ways to minimize the risk of violence in healthcare and social service settings where it has been found that workers are four times more likely to suffer violence than the average sector worker. The guidance focuses on five settings: hospital settings, residential treatment, non-residential treatment/services, community care and field work. These updated guidelines can be found here: https://www.osha.gov/Publications/osha3148.pdf…

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Supreme Court Agrees with DOL Regarding Interpretation of FLSA Regulations

Posted on March 13, 2015

As all employers are aware, the application of white collar exemptions under the FLSA can be particularly tricky. The DOL issues interpretive rules relating to the FLSA regulations, which provide guidance to employers in applying these exemptions. In a recent decision, the United States Supreme Court tackled the question of what the DOL has to do when it wishes to change its interpretive rules relating to a particular exemption. Ultimately, in a decision issued on March 9, 2015, the Supreme Court ended up siding with the DOL and ruling that a federal agency does not have to go through the “notice-and-comment rulemaking” procedure pursuant to the Administrative Procedure Act in order to change its interpretation of a regulation. Perez v. Mortgage Bankers Ass’n, 575 U.S. ___ (2015).…

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DOL Amends Definition of Spouse in FMLA Regulations

Posted on February 27, 2015

The big news from the Department of Labor this week was the amendment of the definition of “spouse” in the regulations applying the FMLA. Of course, in 2013, the Supreme Court found that Section 3 of the Defense of Marriage Act (“DOMA”) was unconstitutional in United States v. Windsor, 570 U.S. ___ (2013). Following this decision, President Obama directed the Cabinet to review all relevant federal statutes to implement the decision, including as it related to federal benefits and programs. Soon after, the DOL announced that under the definition of spouse at that time, eligible employees would be able to take leave under the FMLA to care for a same-sex spouse, but only if the employee resided in a state in which same-sex marriage was recognized.…

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New Rule Prohibits Government Contractors from Discriminating Against Employees Based on Sexual Orientation and Gender Identity

Posted on December 5, 2014

On Wednesday, the Department of Labor announced a new rule aimed at protecting those working for government contractors from discrimination based upon their sexual orientation or gender identity. The new rule implements Executive Order 13672, which was signed by President Obama on July 21, 2014.…

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