On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (“Order”), which would require certain prospective federal contractors to disclose labor law violations and would give agencies more guidance on how to consider labor violations when awarding federal contracts. You can access the newsletter article […]
Labor & Employment Law Update
United States Department of Labor Proposed Rule Will Extend Overtime Protection to Nearly 5 Million Americans with White Collar Jobs
The United States Department of Labor’s (“DOL”) has proposed a rule that will significantly increase the number of employees who are entitled to overtime protection under the Fair Labor Standards Act (“FLSA”). The FLSA requires employers to pay employees at an overtime rate, i.e. one and a half times their […]
Colorado Supreme Court Affirms Employers’ Right To Ban Marijuana Use
Earlier this week, the Colorado Supreme Court issued its long-awaited decision in Coats v. Dish Network, LLC. The case required the court to determine whether the use of medical marijuana in compliance with Colorado’s Medical Marijuana Amendment, but in violation of federal law, is a “lawful activity” under Colorado’s “lawful […]
New FMLA Forms Now Available
With absolutely no fanfare—not even a press release—the Department of Labor’s Wage and Hour division released new Family and Medical Leave Act (FMLA) forms last week. For those of you keeping score, the prior FMLA forms continued to expire, only to show an additional month’s extension that kept the forms […]
SCOTUS: Federal Agencies Are Not Required to Follow the APA in Creating “Interpretive Rules”
In 2006, following the Department of Labor’s (DOL) 2004 promulgation of new regulations regarding the administrative exemption under the Fair Labor Standards Act (FLSA), the DOL issued an opinion letter finding that mortgage loan officers fell within the administrative exemption under those regulations. Four years later, and under a different […]