
·
We’ve been on the look-out for proposed
revisions to the Fair Labor Standard Act’s (FLSA) “white collar” exemptions
from overtime and minimum wage requirements since March of 2014. That was when President Obama issued a directive
for the Labor Secretary to “modernize and streamline” the existing regulations
and increase the minimum salary for the “white collar” exemptions. The Department of Labor has now indicated
that the proposed revisions will not be released until at least February of
2015. The final rule adopting any
revisions will not be issued until sometime after the legally required notice
and comment period is completed.
·
We expect the Department of Labor to issue a
final rule revising the definition of “spouse” under the Family and Medical
Leave Act (FMLA) by March of 2015. This definition
change is necessary following the U.S. Supreme Court’s decision in United States v. Whiting. In Whiting,
the Supreme Court held that restricting the federal definition of “marriage”
and “spouse” to heterosexual couples is unconstitutional. In response to Whiting, the Department of Labor issued a Notice of Proposed
Rulemaking proposing a final rule that would provide that eligible employees in
legal same-sex marriages may take FMLA leave to care for their spouse,
regardless of whether their state of residence recognizes their marriage.
·
The Office of Federal Contract Compliance
Programs, a division of the Department of Labor, intends to issue a final rule
in the near future to implement Executive Order 13672. This Executive Order prohibits federal
government contractors from engaging in employment discrimination based on sexual
orientation or gender identity. It
appears that the OFCCP will be publishing its final regulations without a public
notice and comment period. In that
event, the regulations will likely be effective when issued.
Employers should stay tuned in
the New Year and will need to adjust their policies and practices when the
Department of Labor’s final rules appear.
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