On June 10, 2022, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) submitted a notice of proposed changes to its wage information collection form, WD-10, that it uses to determine prevailing wages. The WHD is also proposing a new optional form, WD-10A, which it will use before sending out the
DOL Announces First Major Revisions to Davis-Bacon Act in 40 Years
Today, March 11, 2022, the U.S. Department of Labor (DOL) announced its notice of proposed rulemaking (NPRM) that seeks to update the Davis-Bacon and Related Acts (DBA). This NPRM is the first major revision to the DBA in over 40 years.
I’ll provide a more comprehensive blog soon of how this is going to affect
DOL Settles Another Home Healthcare Company Overtime Violation for Only Paying Straight Time
On August 5, the U.S. Department of Labor (DOL) announced it has settled yet another matter whereby a Golden Valley, MN home healthcare business paid only straight time to its employees regardless of how many hours they worked. In this case it was related to skilled nursing, private duty, personal aide and therapy services. In
Another DOL 180… Who is a Joint Employer Now?
Great Scott! In another Department of Labor (DOL) reversal of its own rulemaking during the Trump Administration, the Final Rule, Joint Employer Status Under the Fair Labor Standards Act, which had gone into effect (and I wrote about here) March 16, 2020, has been rescinded. Effective September 28, 2021 [UPDATE: October 5,
Will the $15/hr. Minimum Wage Increase for Federal Contractors Apply to Your Business?
If you’re a federal contractor, you’ve probably seen the headlines – on July 22, 2021, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking outlining how it wants to enforce Executive Order 14026, Increasing the Minimum Wage for Federal Contractors. But what exactly does this mean? President Biden tasked the
DOL Fines Another Home Healthcare Company for Overtime Violations
On July 1, 2021, the U.S. Department of Labor (DOL) issued yet another press release regarding recovery (this time $1.5 million) of back wages for 242 home healthcare workers (this is not a MN employer, but this is a nationwide DOL effort). In this instance, according to the DOL, the employer paid straight-time wages for
As Expected, DOL Withdraws Trump Administration Independent Contractor Status Rule
Well…I hate to say I called it but…on May 6, 2021, the U.S. Department of Labor (DOL) issued a final rule at 86 FR 24303, withdrawing the Independent Contractor Status rule issued January 7, 2021. As you may recall, that rule was set to change the test as to whether a worker was an
DOL Postpones Final Rule Regarding New Economic Reality Test for Independent Contractors
*UPDATE – THE FINAL RULE HAS BEEN WITHDRAWN MAY 6, 2021.
Regardless of whether you call it a teeter totter or seesaw, the DOL continues its ups and downs with its interpretations of important laws. You may recall my January 7, 2021 post reminding all y’all of the U.S. Department of Labor (“DOL”) final rule
DOL Withdraws Several Opinion Letters Issued Under Trump Administration
I know you’re thinking, what possibly can a turtle hiding in his shell have to do with wage and hour law?! Since the Biden Administration has begun, several Department of Labor (DOL) opinion letters have been withdrawn (get it yet?) by the DOL (and are no longer assessable). In this instance, they may no
DOL: All Journalists May Qualify for FLSA Creative Professional Exemption from Overtime
In Opinion Letter FLSA2021-7, the second of four opinion letters released today, the U.S. Department of Labor clarified that journalists – no matter whether they work for a major newspaper or small-town community paper – may qualify for the creative professional exemption. In order to qualify, journalists must have a primary duty that requires,