The RFI invites the public to comment on a multitude of questions, including “whether the standard salary level set in that rule effectively identifies employees who may be exempt, whether a different salary level would more appropriately identify such employees, the basis for setting a different salary level, and why a different salary level would be more appropriate or effective.”
Posts from the ‘Compliance/Legal Issues’ Category
On June 30, DOL filed its reply brief in the Fifth Circuit in relation to its appeal from the November 2016 federal district court decision granting a preliminary injunction to the Fair Labor Standards Act overtime rule. In the brief, DOL asks the court to affirm that the agency can set a salary threshold, while declining to defend the Obama era rule — stating that it will revise the rule through further rulemaking if the Fifth Circuit confirms DOL’s ability to set a salary threshold.
The opinion letter process, which had been a longstanding practice of DOL, was eliminated during the Obama administration. "Reinstating opinion letters will benefit employees and employers as they provide a means by which both can develop a clearer understanding of the FLSA and other statutes," said Secretary of Labor Alexander Acosta.
Most Title IX experts agree that training and communication are key to not only helping prevent sexual violence on campus, but also to helping an institution appropriately respond to a complaint of sexual assault and/or to maneuver through a Title IX investigation. To learn more about effective training practices, we spoke with Mary Anne Koleny, HR director and Title IX liaison for the University of Pittsburgh at Greensburg, who as part of her recent master’s work studied Title IX training for higher ed employees. Here, she offers three tips on how to provide comprehensive training and resources for Title IX reporting on your campus.
RFIs are a first step in the regulatory process, and Acosta's comments on the matter suggest DOL is reconsidering the last administration’s approach to updating the overtime regulations. While Acosta did not indicate the exact timing of the RFI, he did say that the agency will publish the request “in the next two to three weeks.”
Recently released data from CUPA-HR’s Professionals in Higher Education Salary Survey give us a good idea of which positions were changed to nonexempt and which positions saw salary increases to get them to the DOL's proposed salary threshold.
Now that Acosta has been confirmed, it is likely that we will begin to see clarity as to the future policy of DOL and more immediately whether DOL will continue to defend the overtime rule in court. We expect Acosta will make decisions on how to proceed with the overtime rule rather quickly.
On April 18, President Trump signed an Executive Order (EO) entitled Buy American and Hire American which instructs federal agencies through the use of federal financial assistance awards and federal procurements to “maximize” the use of American goods and products and to “rigorously enforce and administer the laws governing entry into the U.S.” Additionally, the EO focuses specifically on reforming the H-1B program so that H-1B visas are awarded to the most skilled or highest-paid petition beneficiaries.
On April 3, the U.S. Citizenship and Immigration Service (USCIS) suspended premium processing for all H-1B petitions for a period of up to six months. This temporary suspension was announced in early March. The agency claims the change will help reduce overall processing times, as USCIS will be able to “process long-pending petitions … and prioritize adjudication of H-1B extension of status cases that are nearing the 240-day mark.”
On March 27, President Trump signed into law a Congressional Review Act (CRA) resolution disapproving of the “Fair Pay and Safe Workplaces” rule (the blacklisting rules) which permanently blocks implementation of the rule and any similar regulations in the future.