Fair Labor Standards Act (FLSA) Archives • DirectEmployers Association

OFCCP Week In Review: January 16, 2024

US DOL‘s WHD Published Its “Employee or Independent Contractor” Classification Final Rule
US DOL Adjusted Civil Monetary Penalties Per Inflation Adjustment Act
In Brief
Looking Ahead: Upcoming Date Reminders

U.S. NLRB “Clarified” 2019 Decision on Wright Line Evidentiary Burden in Dual Motives Causation Cases
JOLTS Report – Job Openings Decreased by 338k in July, Rate Went Down to 5.3%
New DE Talk Podcast Discussed Recruiting & Retaining Talent in Addiction Recovery
U.S. DOL’s WHD Revealed Overtime Rule Proposal
OSHA Proposed Radical Union-Friendly Revisions to Rule Regarding Employee Representatives for Safety Inspections
U.S. NLRB Announced Revised Stricter Standard on an Employer’s Duty to Bargain Before Changing Its Terms and Conditions of Work
October 31st Set as Opening Date for Revised EEO-1 Survey Component 1 Data Collection
Economy Added Only 187k Jobs in August, Unemployment Rate Rose to 3.8%
In Brief
Looking Ahead: Upcoming Date Reminders

USDOL Formally Proposes Six-Part Test to Determine Independent Contractor Status Under the FLSA
USDOL’s NDEAM Employer Chat on Workplace Mental Health Underscored Equity & COVID Impact
In Brief
Looking Ahead: Upcoming Date Reminders

Appeals Court Holds Shareholders Have Standing to Challenge California Law Requiring Women on Public Company Boards of Directors
LGBTQ+ Advocates Meet With White House Officials To Promote Equality Act
USDOL Opens National Online Dialogue: Women and Work: Reinvestment, Return, and Recovery
NLRB Prepares for Final Democrat Board Member
The Biden Administration Rescission of Trump Administration Joint Employer Rule Under the Fair Labor Standards Act is Imminent
Splinter Democrats Implore President Biden to Use Executive Order to Further Worker Protections, This Time by Axing Arbitration Agreements
WHD Tip Rule Proposal Seeks to Rescind Trump Rule
EEOC Legal Counsel Appointed
In Blow to Federal Agency Transparency, Congress Overturns New (Trump era) EEOC Conciliation Process
USDOL To Host Davis Bacon Training For Federal Contractors
EEO-1 Filing Deadline Extended
GAO Reports Veterans Affairs Must Improve Veteran Wait-Time for Care

New Secretary of Labor Confirmed Unanimously By Democrats
EEOC Reaffirms Commitment to Protect Asian Americans and Pacific Islanders
USDOL To Create Registered Apprenticeship Technical Assistance Centers Of Excellence
Congressional Democrats Introduce Resolutions to Rescind the EEOC’s Final Rule Requiring Transparency to Employers in Conciliation of Charges
Improving Disability Employment Outcomes–Finale Conversation of the DE Talk Podcast Released
Recognition of Equal Pay Day
Spoiler Alert: Religious Exemption Changes For Federal Contractors On The Horizon
National Medal of Honor Day
The Tip Rule Saga Continues…Comment Now!
Biden Announces Intent to Nominate Jocelyn Samuels for 5-year Term as EEOC Commissioner
New Solicitor of USDOL in the Pipeline
EEO-1 Data Collection Portal To Open April 26, 2021

Controversial Contract Language for EO 13950 Released
WHD Issued Two New FLSA-related Opinion Letters
Transgender Now Protected Under Title VII
EEOC Released a Savvy New Employment Data Tool
New TAG for Small Contractors
OFCCP Concedes to Oracle
November Employment Situation Shows Steady Improvement As Unemployment Drops To 6.7%
Remembering Pearl Harbor

NLRB Rules Confidentiality Provisions in Arbitration Clauses Relating to the Rules Under Which an Arbitration May be Conducted are Permissible
Apprenticeship Pilot Launched for Transitioning Service Members
Employment Discrimination Data Now in Visual Formats
President Trump Halts New Foreign Worker Visas
USDOL Launched Interactive FFCRA Eligibility Tool
NLRB Restores Employer Right to Discipline Before a First Contract
WHD Issued Five New Opinion Letters
USDOL’s Wage and Hour Division Hiring
WHD Issued Guidance on FFCRA and Summer Camps
OFCCP Updated Scheduling Letter FAQs

OFCCP Recognized Asian American and Pacific Islander Heritage Month
WHD Issued Final Rule to Simplify Retail or Service Industry Exemptions
OSHA Adopted Revised Enforcement Policies for Coronavirus
A Procedurally Odd Finale to the Secretary of Labor’s ‘Direct Final Rule’ on The Secretary’s Review of ARB Decisions
NLRB Announced Public Outreach Sessions on “Quickie Election” Procedures
WHD Issued Final Rule to Expand Access to the Fluctuating Workweek Method of Computing Overtime