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  • U.S. Department of Labor Revises Interpretation, issues new Guidance clarifying Filing, Compliance Requirements in H-1B Visa Program

    U.S. Department of Labor Revises Interpretation, issues new Guidance clarifying Filing, Compliance Requirements in H-1B Visa Program | site |




    (Information contained in U.S. Department of Labor press release dated: January 15, 2021)

    Washington, DC - - The U.S. Department of Labor’s Employment and Training Administration (ETA) and Wage and Hour Division (WHD) today announced a new interpretation of their regulations and accompanying guidance in ongoing efforts to protect American jobs and ensure employers pay temporary foreign workers admitted under the H-1B visa program as the law requires.

    ETA’s Office of Foreign Labor Certification (OFLC) is revising its interpretation of its regulations concerning which employers of H-1B workers must file a Labor Condition Application (LCA). OFLC now interprets its regulations to require all common-law employers of H-1B workers, including any secondary employers who meet the common-law test,
    ...
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  • U.S. Department of Labor awards 40 Million Dollars in Strengthening Community College Training Grants

    U.S. Department of Labor awards $40 Million in Strengthening Community College Training Grants | site |



    (Information contained in U.S. Department of Labor [DOL] press release: January 15, 2021)

    Washington, DC – The U.S. Department of Labor today announced the award of $40 million through the Strengthening Community College Training Grants program to build the capacity of community colleges to meet labor market demand for a skilled workforce. As the nation recovers from the coronavirus pandemic, community colleges are critical partners for the public workforce system to train the American workforce and build a pipeline of workers in critical industries such as health care, logistics and cybersecurity. The Strengthening Community Colleges Training Grants aim to address the skill development needs of employers and to support workers in gaining skills and transitioning quickly from unemployment to employment. The grants also build the capacit...
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  • U.S. Department of Labor issues Two Wage and Hour Opinion Letters

    U.S. Department of Labor issues Two Wage and Hour Opinion Letters

    U.S. Department of Labor issues Two Wage and Hour Opinion Letters | site |



    (Information contained in U.S. Department of Labor press release dated: January 8, 2021)

    Washington, DC - - The U.S. Department of Labor today announced two opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter.

    The opinion letters issued today are:
    • FLSA2021-1: Addressing whether account managers at a life science products manufacturer qualify for the administrative employee exemption under the FLSA.
    • FLSA2021-2: Addressing whether the ministerial exception allows a private religious daycare and preschool to pay its teachers on a salary basis that would not otherwise conform with the requirements of the
    ...
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  • U.S. Department of Labor announces Final Rule to Clarify Independent Contractor Status under the Fair Labor Standards Act

    U.S. Department of Labor announces Final Rule to Clarify Independent Contractor Status under the Fair Labor Standards Act | site |


    (Information contained in U.S. Department of Labor press release: January 6, 2021)

    Washington, DC - - The U.S. Department of Labor today announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA).


    “This rule brings long-needed clarity for American workers and employers,” said U.S. Secretary of Labor Eugene Scalia. “Sharpening the test to determine who is an independent contractor under the Fair Labor Standards Act makes it easier to identify employees covered by the Act, while recognizing and respecting the entrepreneurial spirit of workers who choose to pursue the freedom associated with being an independent contractor.”

    “Streamlining and clarifying the test to identify independent contractors will reduce worker
    ...
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  • U.S. Department of Labor issues Guidance on Federal Pandemic Unemployment Compensation

    U.S. Department of Labor issues Guidance on Federal Pandemic Unemployment Compensation and Mixed Earner Unemployment Compensation | site |



    (Information contained in U.S. Department of Labor press release: January 5, 2021)


    Washington, DC – The U.S. Department of Labor’s Employment and Training Administration has issued updated guidance that provides implementation information to states regarding two unemployment insurance programs: Federal Pandemic Unemployment Compensation (FPUC) and Mixed Earner Unemployment Compensation (MEUC). On Dec. 27, 2020, President Trump signed into law the Consolidated Appropriations Act of 2021, reauthorizing the payment of FPUC benefits and creating the new MEUC program. Today’s guidance provides states with important information about the extension of FPUC program authority, and the initial program authorization of MEUC. In addition to reauthorizing FPUC, the new law also modifies the program, which expi...
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  • U.S. Department of Labor publishes Guidance on Expiration of Paid Sick Leave

    U.S. Department of Labor publishes Guidance on Expiration of Paid Sick Leave

    U.S. Department of Labor publishes Guidance on Expiration of Paid Sick Leave and Expanded Family and Medical Leave for Coronavirus | site |




    (Information contained in U.S. Department of Labor press release dated: December 31, 2020)

    Washington, DC - - The U.S. Department of Labor’s Wage and Hour Division (WHD) today announced additional guidance to provide information to workers and employers about protections and relief offered by the Families First Coronavirus Response Act (FFCRA). The FFCRA’s paid sick leave and expanded family and medical leave requirements will expire on Dec. 31, 2020.

    The new guidance, in the form of Frequently Asked Questions on the WHD website, addresses whether workers who did not use their leave entitlement under the FFCRA in 2020 may use such leave after Dec. 31, 2020. It also explains how WHD will maintain its enforcement authority over employers’ leave responsibilities while the FFCRA’s paid leave
    ...
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  • U.S. Department of Labor issues Guidance supporting Workplace Flexibilities through Virtual Communication

    U.S. Department of Labor issues Guidance supporting Workplace Flexibilities through Virtual Communication | site |




    (Information contained in U.S. Department of Labor press release dated: December 29, 2020)

    Washington, DC – The U.S. Department of Labor’s Wage and Hour Division (WHD) today announced new guidance in its ongoing efforts to support the American workforce through the pandemic recovery. As employers continue to meet the challenges presented to their businesses by the coronavirus, and as telework arrangements and virtual communication increasingly provide solutions, the agency provides additional guidance to maximize the benefits of these arrangements for employers and workers alike.

    Today’s guidance comes in the form of two new Field Assistance Bulletins (FABs):
    • FAB 2020-7 addresses when, as a matter of enforcement policy, WHD will consider electronic posting by employers by email or an internet or intranet
    ...
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  • U.S. Department of Labor releases the Office of Labor-Management Standards' Fiscal Year 2020 Annual Report of Performance and Activities

    U.S. Department of Labor releases the Office of Labor-Management Standards' Fiscal Year 2020 Annual Report of Performance and Activities | site |




    (Information contained in U.S. Department of Labor press release: December 28, 2020)

    Washington, DC – The U.S. Department of Labor’s Office of Labor-Management Standards (OLMS) has released its annual fiscal year summary of its performance and program activities in its 2020 Annual Report today. OLMS administers and enforces most provisions of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA).

    The 2020 report describes OLMS’ actions and accomplishments including the following:
    • A total of 61 criminal indictments and 69 convictions as well as $3,886,997 in restitution paid or ordered for payment to labor organizations and their members;
    • How OLMS exceeded its financial integrity goal to increase the audit-to-criminal case fallout rate, a measurement of OLMS’ effectiveness
    ...
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  • U.S. Department of Labor issues Final Rule to Amend Tipped Employee Regulations

    U.S. Department of Labor issues Final Rule to Amend Tipped Employee Regulations | site |


    (Information contained in U.S. Department of Labor press release dated: December 22, 2020)

    Washington, DC – The U.S. Department of Labor today announced a final rule protecting the tips of employees. This rule addresses amendments made to Section 3(m) of the Fair Labor Standards Act (FLSA) by the Consolidated Appropriations Act (CAA) of 2018. The CAA prohibits employers from keeping tips received by their employees, regardless of whether the employer takes a credit for tips earned by workers toward its minimum wage obligation to those employees under the FLSA (a “tip credit”). The rule also prohibits employers from allowing managers or supervisors to keep any portion of employees’ tips. “This final rule provides clarity and flexibility for employers and could increase pay for back-of-the house workers, like cooks and dishwashers, who have been excluded fr
    ...
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  • U.S. Department of Labor announces availability of 3.3 Million Dollars to Fund Fidelity Bonding Demonstration Grants

    U.S. Department of Labor announces availability of $3.3 Million to Fund Fidelity Bonding Demonstration Grants | site |


    (Information contained in U.S. Department of Labor press release: December 22, 2020)

    Washington, DC - - The U.S. Department of Labor has announced the availability of $3.3 million to fund Fidelity Bonding Demonstration Grants to states and outlying areas to expand their Federal Bonding Programs for individuals with criminal records, including those recovering from opioid and other drug addictions. Administered by the Department’s Employment and Training Administration (ETA), the grants will encourage states and workforce development partners to provide fidelity bonds to employers as a hiring tool for persons with criminal records. By doing so, ETA aims to improve employment outcomes and decrease recidivism for such individuals. The grants will also serve to educate employers and the public on fidelity bonds’ availability and benefit
    ...
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  • U.S. Department of Labor Implements Inspection Program

    U.S. Department of Labor Implements Inspection Program

    U.S. Department of Labor Implements Inspection Program | site |


    Directs agency enforcement resources to "target workplaces with highest injury and illness rates"


    (Information contained in Occupational Safety and Health Administration press release dated: December 16, 2020)

    Washington, DC - - The U.S. Department of Labor announced today that its Occupational Safety and Health Administration (OSHA) is updating its inspection program that directs agency enforcement resources to establishments with the highest rates of injuries and illnesses.

    The Site-Specific Targeting (SST) Directive is OSHA's primary targeting program for non-construction establishments with 20 or more employees. The agency selects establishments based on injury and illness data employers submitted on Form 300A for calendar years 2017-2019. The new directive replaces Site-Specific Targeting 2016, and includes the following significant changes:
    ...
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  • U.S. Department of Labor announces Exemption to improve Investment Advice and Enhance Financial Choices for Workers and Retirees

    U.S. Department of Labor announces Exemption to improve Investment Advice and Enhance Financial Choices for Workers and Retirees| site |



    (Information contained in U.S. Department of Labor press release: December 15, 2020)

    Washington, DC - - The U.S. Department of Labor today announced a new exemption for investment advice fiduciaries. The Department’s actions today benefit American workers and retirees by delivering more choices for their financial future with clear standards to be upheld by investment advice providers. The Department’s Employee Benefits Security Administration (EBSA) developed the exemption. “Today’s action provides clear regulatory standards that ensure American workers and retirees have access to high-quality, affordable investment advice,” U.S. Secretary of Labor Eugene Scalia said. “In tandem with action taken last year by the Securities and Exchange Commission, this exemption gives Americans a greater o...
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  • U.S. Department of Labor announces Joint Final Rule regarding Equal Treatment of Faith-based Organizations in Department of Labor-supported Social Service Programs

    U.S. Department of Labor announces Joint Final Rule regarding Equal Treatment of Faith-based Organizations in Department of Labor-supported Social Service Programs | site |



    (Information contained in U.S. Department of Labor press release: December 14, 2020) Washington, DC - - Today, the U.S. Department of Labor announced a joint final rule with eight other Agencies – the Department of Justice, the Department of Homeland Security, the Department of Education, the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Agriculture, the Agency for International Development and the Department of Veterans Affairs – to implement President Trump’s Executive Order No. 13831, on the Establishment of a White House Faith and Opportunity Initiative (May 3, 2018). This rule ensures that religious and non-religious organizations are treated equally in Department of Labor-supported programs, and it clar...
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  • U.S. Department of Labor launches National Online Dialogue to enhance Cross-agency efforts to Combat Labor Trafficking

    U.S. Department of Labor launches National Online Dialogue to enhance Cross-agency efforts to Combat Labor Trafficking | site |



    (Information contained in U.S. Department of Labor press release: December 3, 2020) Washington - - The U.S. Department of Labor today announced a national online dialogue intended to enhance the Department’s efforts and determine how to engage workers, advocates and other stakeholder groups to combat labor trafficking and forced employment more effectively. The Department’s Office of Compliance Initiatives (OCI) is partnering with the Bureau of International Labor Affairs, Centers for Faith and Opportunity Initiatives, Employment and Training Administration, Occupational Safety and Health Administration, Office of Disability Employment Policy and Wage and Hour Division for an online conversation through the “U.S. Department of Labor’s Efforts to End Labor Trafficking National Online Dialogue.” Ideas and comments from t...
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  • DHS Issues Detention Order on Cotton Products Made by Xinjiang Production and Construction Corps Using Prison Labor

    U.S. Department of Homeland Security Issues Detention Order on Cotton Products Made by Xinjiang Production and Construction Corps Using Prison Labor | site |



    (Information contained in U.S. Department of Homeland Security (DHS) press release: December 2, 2020) The U.S. Department of Homeland Security announced today that U.S. Customs and Border Protection (CBP) personnel at all U.S. ports of entry will detain shipments containing cotton and cotton products originating from the Xinjiang Production and Construction Corps (XPCC). CBP’s Office of Trade directed the issuance of a Withhold Release Order (WRO) against cotton products made by the XPCC based on information that reasonably indicates the use of forced labor, including convict labor. The WRO applies to all cotton and cotton products produced by the XPCC and its subordinate and affiliated entities as well as any products that are made in whole or in part with or derived from that cotton, such ...
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  • Staff Reporter 1
    U.S. Department of Labor Revises Interpretation, issues new Guidance clarifying Filing, Compliance Requirements in H-1B Visa Program
    by Staff Reporter 1
    U.S. Department of Labor Revises Interpretation, issues new Guidance clarifying Filing, Compliance Requirements in H-1B Visa Program | site |




    (Information contained in U.S. Department of Labor press release dated: January 15, 2021)

    Washington, DC - - The U.S. Department of Labor’s Employment and Training Administration (ETA) and Wage and Hour Division (WHD) today announced a new interpretation of their regulations and accompanying guidance in ongoing efforts to protect American jobs and ensure employers pay temporary foreign workers admitted under the H-1B visa program as the law requires.

    ETA’s Office of Foreign Labor Certification (OFLC) is revising its interpretation of its regulations concerning which employers of H-1B workers must file a Labor Condition Application (LCA). OFLC now interprets its regulations to require all common-law employers of H-1B workers, including any secondary employers who meet the common-law test,
    ...
    01-19-2021, 11:59 AM
  • Staff Reporter 1
    U.S. Department of Labor awards 40 Million Dollars in Strengthening Community College Training Grants
    by Staff Reporter 1
    U.S. Department of Labor awards $40 Million in Strengthening Community College Training Grants | site |



    (Information contained in U.S. Department of Labor [DOL] press release: January 15, 2021)

    Washington, DC – The U.S. Department of Labor today announced the award of $40 million through the Strengthening Community College Training Grants program to build the capacity of community colleges to meet labor market demand for a skilled workforce. As the nation recovers from the coronavirus pandemic, community colleges are critical partners for the public workforce system to train the American workforce and build a pipeline of workers in critical industries such as health care, logistics and cybersecurity. The Strengthening Community Colleges Training Grants aim to address the skill development needs of employers and to support workers in gaining skills and transitioning quickly from unemployment to employment. The grants also build the capacit...
    01-16-2021, 01:27 AM
  • Staff Reporter 1
    U.S. Department of Labor issues Two Wage and Hour Opinion Letters
    by Staff Reporter 1
    U.S. Department of Labor issues Two Wage and Hour Opinion Letters | site |



    (Information contained in U.S. Department of Labor press release dated: January 8, 2021)

    Washington, DC - - The U.S. Department of Labor today announced two opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person or entity that requested the letter.

    The opinion letters issued today are:
    • FLSA2021-1: Addressing whether account managers at a life science products manufacturer qualify for the administrative employee exemption under the FLSA.
    • FLSA2021-2: Addressing whether the ministerial exception allows a private religious daycare and preschool to pay its teachers on a salary basis that would not otherwise conform with the requirements of the
    ...
    01-12-2021, 07:43 AM
  • Staff Reporter 1
    U.S. Department of Labor announces Final Rule to Clarify Independent Contractor Status under the Fair Labor Standards Act
    by Staff Reporter 1
    U.S. Department of Labor announces Final Rule to Clarify Independent Contractor Status under the Fair Labor Standards Act | site |


    (Information contained in U.S. Department of Labor press release: January 6, 2021)

    Washington, DC - - The U.S. Department of Labor today announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FLSA).


    “This rule brings long-needed clarity for American workers and employers,” said U.S. Secretary of Labor Eugene Scalia. “Sharpening the test to determine who is an independent contractor under the Fair Labor Standards Act makes it easier to identify employees covered by the Act, while recognizing and respecting the entrepreneurial spirit of workers who choose to pursue the freedom associated with being an independent contractor.”

    “Streamlining and clarifying the test to identify independent contractors will reduce worker
    ...
    01-07-2021, 12:18 PM
  • Staff Reporter 1
    U.S. Department of Labor issues Guidance on Federal Pandemic Unemployment Compensation
    by Staff Reporter 1
    U.S. Department of Labor issues Guidance on Federal Pandemic Unemployment Compensation and Mixed Earner Unemployment Compensation | site |



    (Information contained in U.S. Department of Labor press release: January 5, 2021)


    Washington, DC – The U.S. Department of Labor’s Employment and Training Administration has issued updated guidance that provides implementation information to states regarding two unemployment insurance programs: Federal Pandemic Unemployment Compensation (FPUC) and Mixed Earner Unemployment Compensation (MEUC). On Dec. 27, 2020, President Trump signed into law the Consolidated Appropriations Act of 2021, reauthorizing the payment of FPUC benefits and creating the new MEUC program. Today’s guidance provides states with important information about the extension of FPUC program authority, and the initial program authorization of MEUC. In addition to reauthorizing FPUC, the new law also modifies the program, which expi...
    01-07-2021, 09:52 AM

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