Tag Archives: DOL

Lori Adelson writes article for General Counselor blog on amendments to FMLA regulations

Arnstein & Lehr Lori Adelson

Lori Adelson

Fort Lauderdale Partner Lori Adelson authored the article titled “DOL issues notice of proposed rulemaking to amend FMLA regulations,” which appeared in the February 20 edition of General Counselor. In the article, Ms. Adelson discusses how the proposed changes to the Family Medical and Leave Act would affect military leave and how it includes new provisions for certain airline employees, who would otherwise be ineligible for leave.

To read the post in full, please click here.

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DOL issues notice of proposed rulemaking to amend FMLA regulations

Arnstein & Lehr attorney Lori Adelson

Lori Adelson

The U.S. Department of Labor has issued a notice of proposed rulemaking to implement recent statutory amendments to the Family Medical and Leave Act contained in the 2010 National Defense Authorization Act.

The proposed changes affect military servicemember leave and include new provisions for certain airline employees, who would otherwise be ineligible for leave. According to the DOL, the proposed regulations cover the following:

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Labor and Employment Alert: More changes on the horizon? DOL proposes new Persuader Activities Rule

More changes on the horizon?

DOL proposes new Persuader Activities Rule

On June 21, 2011, the Department of Labor (DOL) issued a Proposed Rule, which seeks to drastically expand the “persuader rule” currently in place. To that end, this Proposed Rule is designed to limit the “advice exemption” to the persuader rule, as it is currently constituted. Because this is simply a Proposed Rule, interested parties can submit comments for 60 days before it is implemented.

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Department of Labor To Use Smartphone Technology In Its Enforcement Activities

By: Betsy Johnson

Under the Obama administration, the U.S. Department of Labor (DOL) has implemented a number of initiatives in support of its enforcement of federal wage and hour laws and its mission of making employers more accountable for compliance with these laws.  These include the “We Can Help” and “Bridge to Justice” initiatives.

The DOL has now announced that it is launching a free application for smartphones.  This new “app” provides non-exempt employees with an electronic “timesheet” that allows them to independently track the hours they work and determine the amount of wages owed. The new application is available in both English and Spanish, and it allows users to track regular work hours, break time and overtime hours for themselves and/or co-workers.  The DOL intends to explore other applications that would allow employees to independently track tips, commissions, bonuses, deductions, holiday pay, pay for weekends, shift differentials and pay for regular days of rest.

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HEALTH REFORM: Meeting the Requirements for Defining the "Essential Health Benefits Package": DOL Publishes Survey of Employer-Sponsored Coverage

On April 15, 2011, the U.S. Department of Labor (“DOL”) released a survey report that is being used to satisfy a requirement in the Patient Protection and Affordable Care Act (“ACA”) that the Secretary of Labor “conduct a survey of employer-sponsored coverage” as a condition precedent to the development of the “essential health benefits package” by the Secretary of Health and Human Services (“HHS”).[1] This DOL survey is the first step in the process laid out in the federal health reform law for establishing the minimum benefits package to be offered in the various health insurance exchanges for which subsidies and tax credits will be available. Under ACA, the Secretary of HHS ultimately has the discretion to determine the “essential health benefits package,” which goes to the heart of federal health reform by providing an adequate level of health insurance coverage to the uninsured and underinsured. That discretion is limited by certain conditions and requirements set forth in ACA.

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Don’t Forget the Tip! DOL issues new regulations for tipped employees

Not even the United States Department of Labor (DOL) forgets the tip. On April 5, 2011, the DOL amended the Fair Labor Standards Act (FLSA) regulations for tipped employees. The regulations require employers with tipped employees to take action before the regulations take effect on May 5, 2011. Here are a few “tips” for employers regarding the new regulations:

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