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Category: DOL

DOL’s Increase to Minimum Salary Threshold for White-Collar Overtime Exemption Blocked Nationwide

A federal court has vacated a Labor Department rule that increased the minimum salary level for the “white-collar” overtime exemption. Therefore, the prior minimum salary threshold of $684 weekly is back in effect. The opinion came November 15 by the U.S. District Court for the Eastern District of Texas in Texas v. U.S. Dep’t of Labor. The Biden Administration’s final...
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Category: Agency Enforcement

DOL Enforcement Report Highlights Focus on Coercive Employment Contracts

The Solicitor of Labor has issued a report highlighting DOL’s recent enforcement priority—employment contracts with provisions that may discourage workers from exercising their rights under worker protection laws. The report, Solicitor of Labor Enforcement Report: Coercive Contractual Provisions, lists seven types of concerning provisions. The provisions most likely to concern DOL investigators are those that: require employees to agree that they...
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Category: Agency Enforcement

DOL and NLRB Commit To Further Assist Antitrust Agencies in Merger Investigations

The Department of Labor (DOL) and the National Labor Relations Board (NLRB) have signed a Memorandum of Understanding (MOU) with the government’s antitrust enforcement agencies, committing to share information that could help in investigations of allegedly anticompetitive merger acquisitions. The MOU with the Department of Justice (DOJ) and the Federal Trade Commission (FTC), formally called the Memorandum of Understanding on...
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Category: DOL

DOL Claims Manufacturer Is Jointly Liable for Child Labor Violations Committed by Its Supplier

The U.S. Department of Labor recently filed a lawsuit alleging that an auto manufacturer is jointly liable for child labor violations committed by one of its suppliers and the supplier’s staffing company. In its complaint, DOL alleges that the auto manufacturer is so interrelated with its supplier that it is an integrated employer for liability purposes under the Fair Labor Standards Act...
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Category: Agency Enforcement

Inflation Fuels Higher Civil Penalties for Federal Workplace Law Violations in 2024

To account for inflation, various federal workplace enforcement agencies recently raised the civil penalties they charge. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Inflation Adjustment Act) mandates these yearly adjustments. This memo details employment- and immigration-related penalty increases announced by the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the Department of...
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Category: Compensation

Most Recent Annual BLS Gender Pay Gap Survey (2023) Shows Narrowest Margin Yet Recorded

The wage gap percentage between women and men was 16.2% at the end of 2023, according to a report from the Labor Department’s Bureau of Labor Statistics. The 16.2% wage gap is the narrowest margin reported since BLS began conducting the survey in 1979, when the gap was 37.7%. Although the wage gap has been narrowing steadily, progress has been...
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Category: DOL

Labor Department Proposes Major Revisions to “Registered Apprenticeship Program”

The U.S. Department of Labor (DOL) proposed significant revisions to its Depression-era registered apprenticeship program in a proposed rule published January 17, 2024, in the Federal Register. The proposal would add numerous provisions intended to bolster workforce protections for apprentices and enhance workforce diversity, equity, inclusion, and accessibility (DEIA). Critics claim that the proposal would add bureaucracy and discourage participation by employers...
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Category: Appropriations

Congress Averts Government Shutdown by Extending Federal Funding Until March

The U.S. Congress once again has enacted a temporary spending measure, called a continuing resolution (CR), to avert a partial shutdown of the federal government. The CR will enable most federal government operations to continue functioning at the same levels as the last fiscal year (FY) through either March 1 or March 8, 2024, depending on the agency. While this...
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Category: DOL

DOL Finalizes Rule Reinstating Right of First Refusal Policy on SCA Contracts

The U.S. Department of Labor (DOL) has published a final rule requiring federal contractors and subcontractors on covered service contracts to offer employees employed under a predecessor contract a right of first refusal of employment on a successor contract. The rule will take effect February 12, 2024. It restores a policy implemented by the Obama Administration and reversed by the Trump Administration....
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Category: Appropriations

Congress Extends DOL and EEOC FY 2024 Funding Deadlines Until February 2, 2024

In a last-minute deal to avoid a government shutdown, Congress set aside its partisan differences, at least for now, and agreed to temporarily fund the federal government. Under the terms of the unusual two-part agreement, the principal workplace regulatory agencies, such as the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC), will be funded until February 2,...

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