Last fall, the Supreme Court held in Encino Motorcars LLC v. Navarro that statutes should not be construed so as to achieve perceived legislative goals where there is no “textual reason” why they should be given anything other than a “fair reading.” My colleagues and I wondered whether the “fair reading” concept might show up again. Well, it did. Enter Food Marketing Institute v. Argus Leader Media.
Read MoreFederal contractors frequently face the release of their confidential information as a result of requests for information under the Freedom of Information Act (FOIA). On the surface, FOIA exemption 4 should protect such information from disclosure. However, long-standing precedent required contractors to establish they would suffer substantial competitive harm if their information was released. The Supreme Court today handed down a game-changing decision that could greatly simplify contractors’ efforts to keep their sensitive information secure from disclosure.
Read MoreOn Thursday June 14, 2019 the Department of Labor (“DOL”) shut down their old wage determination online website at WDOL.com and transferred the information to https://beta.sam.gov/help/wage-determinations.
Read MoreAny interested party can furnish a written submission pointing out lagging prevailing wage rates to the Wage & Hour Division, and present additional wage data for them to consider as they issue new Service Contract Act (SCA) or Davis-Bacon Act wage determinations.
Read MoreThe Department of Labor wants to raise the compensation threshold for the FLSA’s highly compensated exemption (“HCE”) test to $147,414 a year from the current $100,000. That will make the simplfied exemption test, which just requires one exempt duty, largely out of reach in most exemption disputes.
Read MoreService Contract Act (“SCA”) vacation benefits which are accrued on a pay period basis present serious compliance issues for employers trying to prove they furnished the requisite prevailing fringe benefits.
Read MoreThe SCA preempted a State law wage claim for trebled damages, giving new life to a preemption doctrine which had largely been relegated to the dustbin by clever pleading and expansive court interpretations.
Read MoreDOL issued a new Wage & Hour Administrator opinion letter on the employment status of the service providers participating in a virtual marketplace company, finding they were likely bona fide independent contractors, which would have been an unlikely outcome in the Obama era.
Read MoreDOL has proposed a revision of their current regulations regarding the calculation of the regular rate of pay, affecting meal period compensation, wellness programs, gym access, employee discounts, payments for unused sick leave, some reimbursed expenses, some types of discretionary bonuses, and tuition reimbursement programs.
Read MoreCheryl M. Stanton has assumed the office of the Wage and Hour Administrator and is now in charge of the Wage and Hour Division of the US Department of Labor.
Read MoreThe DOL OIG recently conducted an audit into the practice of issuing wage determinations by the Wage and Hour Division and found they had a long way to go in trying to issue timely Davis-Bacon Act wage determinations.
Read MoreOn June 13, 2019 WDOL.gov is finally supposed to be moving to SAM.gov and you should be able to find your official wage determinations there for Davis-Bacon Act and Service Contract Act procurements.
Read MoreThe Contract Work Safety Standards Act (“CWHSSA”) is a federal government contractor wage law that regulates overtime. It now provides for liquidated damages in excess of $25 a day for every day an employer violates the Act.
Read MoreWhile the statute of limitations for FLSA claims generally prohibit claims older than two or three years depending on the circumstances, the courts can toll the statute of limitations from running in other, limited circumstances,. This is known as the doctrine of equitable tolling.
Read MoreThe ordinary Fair Labor Standards Act (“FLSA”) statute of limitation look back period is supposed to be two years. A willful violation extends the period to three years. And some employer bad acts may toll the limitations period and extend it even more.
Read MoreThe public is again able to request an opinion letter from the US Department of Labor (“DOL”) to give further guidance on ambiguities in the FLSA law or regulations, and DOL has posted guidance on how to do so.
Read MoreDOL just posted two new FLSA opinion letters and a FMLA opinion letter. It also just announced its opinion letter database is searcheable. Watch out Westlaw!
Read MoreIn some disputes under the Service Contract Act (“SCA”), the contractor has to take his claims first to the US Department of Labor (“DOL”). In other circumstances, a final determination by the DOL is not required to bring a direct claim for reimbursement against the Government.
Read MoreContrary to the usual assumptions that DOL is going to look back at least two years, sometimes it is perfectly appropriate for DOL to forgo back wages and just seek prospective corrective action.
Read MoreThe announcement of three new appointments to the DOL Administrative Review Board (“ARB”), each for a two year term, is a modest step forward. Now the ARB has a quorum and can get to work. The three new members are William Thomas Barto, James A. Haynes, and Daniel T. Gresh.
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