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.
Posts tagged ‘DOL’
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.
During a recent congressional committee hearing, U.S. Rep. Mike Bishop raised the issue of the DOL’s proposed change in overtime rules. Citing information he had received from a number of small colleges in Michigan, as well as statistics from several other states, Bishop shared several concerns specific to higher education (he cited the same cost figures that CUPA-HR supplied to DOL in our comments on the rule as well as a letter CUPA-HR championed on behalf of public-sector employers).
On July 15, the DOL issued new guidance in the form of an Administrator’s Interpretation on employee and independent contractor classification under the FLSA. The guidance attempts to clarify FLSA's definitions of "employee" and "employment" while also shedding additional light on its process for determining whether an independent contractor has been misclassified.
On Friday, November 21, the federal administration released its biannual unified regulatory agenda. Agendas are released twice a year, generally in April and November. They are designed to provide the public with information on regulations the federal government is currently considering and to prioritize action items for the coming year. The agenda released Friday sets target dates for each agency and sub-agency's regulatory actions, from the beginning to the end of the regulatory process, and provides insight into which issues will be a short-term focus for the agency. It also includes long-term action items to allow relevant parties to begin considering the impact these regulations may have.