Category Archives: DOL

Judge Finds That OFCCP’s Audit Selection Is Limited By Fourth Amendment

In Bank of America N.A. v. Solis, No. 09-2009 (D.D.C. Dec. 13, 2011), United States Magistrate Judge Deborah A. Robinson for the District of District of Columbia issued a report and recommendation that includes a finding that OFCCP’s ability to … Continue reading

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OFCCP Releases Notice of Proposed Rulemaking on Contractor Obligations Regarding Individuals With Disabilities

On December 9, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice of Proposed Rulemaking in the Federal Register. The proposed rule increases affirmative action requirements established in Section 503 of the Rehabilitation … Continue reading

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New Department Of Labor Rule Has Potential To Damage Attorney-Client Confidentiality

The U.S. Department of Labor recently proposed a reporting rule that would require lawyers who provide legal advice to employer clients and who engage in “persuader activities” to file periodic disclosure reports, even if the lawyers have no direct contact … Continue reading

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OSHA Establishes Procedures For Investigating Workplace Violence Incidents

Effective September 8, 2011, the U.S. Occupational Safety and Health Administration (“OSHA”) has issued instructions on procedures for its field offices to apply when conducting inspections in response to incidents of workplace violence. These instructions are the first from OSHA … Continue reading

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OFCCP Publishes Guidance On The Federal Contractor Selection System

Beginning in January 2011, OFCCP implemented its new audit strategy that moved the philosophy of compliance evaluations from management to enforcement.   More on the latest developments in this area after the break.

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DOL Finds SOX Whistleblower Violation

The U.S. Department of Labor has found Bank of America Corporation in violation of the whistle-blower provisions of the Sarbanes-Oxley Act.  More after the break.

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DOL Playbook

The U.S. Department of Labor has published on its website a report entitled “Improving Workplace Conditions Through Strategic Enforcement.”  The report is the DOL’s playbook on how to attack franchising and other “non-traditional” employment relationships.  More on this — and … Continue reading

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DOL to Refer FLSA and FMLA Claimants to Lawyers

The U.S. Department of Labor issued the following announcement today: Today, December 13, 2010, the Wage and Hour Division (WHD) and the American Bar Association began an unprecedented collaboration providing for an Attorney Referral System.  When Fair Labor Standards Act … Continue reading

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DOL Clarifies FMLA Definition of “Son or Daughter”

 The Division recently posted a new Administrator Interpretation clarifying the definition of “son or daughter” under Section 101(12) of the Family and Medical Leave Act (FMLA) as it applies to an employee standing “in loco parentis” to a child.  The … Continue reading

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Government Wants To Help Undocumented Workers

Despite the fact that hiring undocumented workers is against the law in the United States, the Secretary of Labor is appearing in a public service campaign on the DOL website called “We Can Help” to let workers — including undocumented … Continue reading

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New DOL Compliance Tools

The Department of Labor has been implementing new compliance tools over the past several weeks.  The latest relate to helping employers understand disability laws and H1B visa compliance.  The DOL is also holding a stakeholder forum on May 21.  More … Continue reading

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New DOL Guidance on Unpaid Internships

The Department of Labor recently issued a Fact Sheet to help employers determine whether interns must be compensated in accordance with the Fair Labor Standards Act.  More after the break.

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DOL Offers to Help Employees With Wage Complaints

On April 1st, Department of Labor Secretary Hilda Solis announced the launch of a new campaign called “We Can Help” to alert workers of their rights under federal wage and hour laws.  More after the break.

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New DOL Administrator Interpretation Letters

The Department of Labor has announced that it will begin issuing “Administrator Interpretations” in lieu of providing case-specific responses to requests for opinion letters.  The Interpretation letters will provide clarification of regulatory and statutory interpretation issues as determined by the … Continue reading

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New DOL Employment Law Guide

The U.S. Department of Labor has announced a new version of the Employment Law Guide.  More after the break.

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