David Grant

Wage and Hour Division Administrator Nominee Advances in the Senate

By David Grant on November 30, 2022 Posted in Wage and Hour

Today, the Senate Health, Labor, and Pensions Committee voted 13-9 to advance the nomination of Jessica Looman, who has been serving as the top official of the Wage and Hour Division of the U.S. Department of Labor, to be the permanent administrator of the agency. Looman’s nomination has been held in the committee for several … Continue Reading

DOL Continues Contractor Regulatory Onslaught with $15-per-Hour Minimum Wage for New and Extended Contracts

By David Grant, Marc Antonetti and Barron Avery on November 30, 2021 Posted in DOL

It has been a challenging month for federal government contractors. First came the Biden administration’s pronouncement on mandatory vaccinations. Unlike the Department of Labor’s (DOL) Occupational Safety and Health Administration emergency standard, the courts have not to this point stepped in and stayed implementation of this vaccination mandate for government contractors. Now, finalizing the administration’s … Continue Reading

Department Of Labor Publishes Tipped Employee Final Rule

By David Grant and Caroline M. Landt on November 1, 2021 Posted in Department of Labor

On Friday, the U.S. Department of Labor (DOL) published its Final Rule governing tipped employees. The DOL kept the sweeping changes to the regulation of employees paid using a tip credit wage, which it introduced this past June in its Notice of Proposed Rulemaking (NPRM). Buttressed by the 11th Circuit’s recent decision in Rafferty v. … Continue Reading

The Department of Labor’s Latest Final Rule Publication Regulates Managers Who Receive Tips and Delineates Willful Violations of the FLSA

By Caroline M. Landt and David Grant on September 29, 2021 Posted in FLSA, Uncategorized, Wage and Hour

“Drip, drip, drip” is the best description of the Biden administration’s staggered attack on the 2020 Tip Final Rule through delays, withdrawals, amendments and notice of proposed rulemaking (NPRM). The latest action by the Department of Labor (DOL) came last week, when the Wage and Hour Division published its final rule addressing managers who receive … Continue Reading

The Devil Is In the Details: Department of Labor Publishes Tipped Employee Proposed Final Rule

By Caroline M. Landt and David Grant on June 23, 2021 Posted in DOL, Wage and Hour

The U.S. Department of Labor (DOL) published its Notice of Proposed Rule Making (NPRM) regarding tipped employees. Rejecting the Trump administration’s proposed rules governing tip-credit employees performing non-tipped duties, the DOL proposes to adopt what is known as the 80/20 rule. The devil is in the details, and the DOL now limits the 20 percent … Continue Reading

Taking Tips? Department of Labor Announces Timing for Tipped Employee Final Rule Implementation

By Jacob A. Bruner, David Grant and Caroline M. Landt on March 26, 2021 Posted in DOL

The U.S. Department of Labor (DOL) this week announced the timing for implementation of its much-awaited Final Rule controlling which employees can participate in a mandatory tip pool and changes to the “80/20” rule. The Final Rule, which revises the Fair Labor Standards Act’s (FLSA) tip regulations and implements an earlier statutory amendment concerning the … Continue Reading

Wage and Hour Division Issues Two Employer-Friendly Rules

By David Grant and Shareef Farag on May 22, 2020 Posted in Wage and Hour

This week, the Wage and Hour Division announced the issuance of two rules interpreting the Fair Labor Standards Act (FLSA) that modernize its application and lessen the burden of overtime calculations for certain employers. First, the agency has eliminated archaic distinctions hindering use of the exception for retail or service establishments under Section 7(i) of … Continue Reading

OSHA Proposes Changes to its Recordkeeping Rules that Would Make Injury and Illness Data Available to the Public

By David Grant and Patricia Poole on January 8, 2014 Posted in OSHA, Retail

The Occupational Safety and Health Administration (OSHA) issued proposed rules that would require certain employers to electronically submit injury and illness information to OSHA on a periodic basis. Encouraged by President Obama’s Open Government Initiative, OSHA proposes to make this information available to the public via online postings. The Current Rules Under the current standard, … Continue Reading