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.
Posts tagged ‘public policy’
Jul. 6, 2017
Jun. 28, 2017
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.
Jun. 12, 2017
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.”
May. 25, 2017
The meetings afforded both CUPA-HR as an organization and the individual members who attended a platform to discuss issues for which the association has led advocacy efforts over the past year as well as issues currently impacting higher education and higher ed HR.
Apr. 27, 2017
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.
Apr. 19, 2017
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.
Apr. 6, 2017
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.”
Apr. 3, 2017
On March 30, the Senate committee on Health, Education, Labor and Pensions (HELP) favorably reported out the nomination of President Trump’s choice for secretary of labor, Alexander Acosta. Approved in a 12-11 vote along party lines, Acosta’s nomination now advances to the full Senate for consideration.
Mar. 29, 2017
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.
Feb. 20, 2017
During his remarks, Brantley relayed higher education’s concerns with the U.S. Department of Labor (DOL)’s recent overtime rule and the complicated process institutions underwent in order to comply by the rule's effective date, while also expressing the importance of a salary update and providing suggestions for moving forward.