Federal Alerts

Accelerated Timetable for Proposed Overtime Rule - Tools and Resources Available to Clients

Sunday, April 3, 2016
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Federal Compliance Update
Multiple sources have reported that the US Department of Labor recently sent the proposed overtime rule to the Office of Management and Budget (OMB) for its mandatory review.  

If OMB’s review is completed on an expedited basis, DOL could disseminate the proposed final rule to the public as early as mid-April, with an effective date potentially as early as the beginning of June.  It is also possible that Congress could attempt to delay the effective date.  While the actual release date and the corresponding effective date for the regulations are unknown, most experts agree that the effective date will likely be 60 days from the release date. 

An accelerated timetable may be motivated by political pressures related to the upcoming election and potential changes in the White House and Congress.  For more information on what we have done and what we plan to do to help clients prepare for the new regulations, continue reading.



Supreme Court Rule May Help Establish Pregnancy Discrimination

Wednesday, April 15, 2015
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Federal Compliance Update
In a 6-3 decision, in the matter of Young v. United Parcel Service, Inc., the U.S. Supreme Court ruled that if an employer accommodates some employees with disabilities, the failure to offer that same accommodation to an employee with a pregnancy related job restriction might be sufficient proof that the failure to accommodate was motivated by discrimination.  

Supreme Court Ruling Validates DOL’s 2010 Interpretation of the APA

Wednesday, April 15, 2015
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Federal Compliance Update

The U.S. Supreme Court has held that the U.S. Department of Labor (“DOL”) did not violate the Administrative Procedure Act (“APA”) when it failed to provide the public with notice and an opportunity to comment before it changes its position on the application of the Fair Labor Standards Act’s administrative exemption to loan officers, finding them newly non-exempt. 

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