On Nov. 22, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction blocking the U.S. Department of Labor鈥檚 (DOL) burdensome and costly overtime final rule. The rule would have changed the federal exemptions to overtime pay under the Fair Labor Standards Act for administrative, executive and professional employees, the so鈥攃alled "white collar" worker classifications that have long been exempt from time-and-one-half pay for working more than 40 hours per week. The new rule will not go into effect without further action from the court.

WASHINGTON, D.C., Nov. 16鈥� Associated Builders and Contractors (ABC) today welcomed news that the U.S. District Court for the Northern District of Texas has permanently blocked the U.S. Department of Labor鈥檚 (DOL) 鈥減ersuader rule,鈥� officially named the "Interpretation听 of听 the听 鈥楢dvice鈥櫶� Exemption听 in听 Section听 203(c)听 of听 the听 Labor-Management听 Reporting听 and听 Disclosure听 Act." In finding the rule unlawful, the District Court has maintained employers鈥� right to obtain advice from labor rel

老牛影视and a coalition of business groups filed suit against the U.S. Department of Labor (DOL) Wage and Hour Division鈥檚 costly and burdensome final overtime rule on Sept. 20. The legal challenge was filed in the U.S. District Court for the Eastern District of Texas.

老牛影视reiterated its opposition to the Department of Labor鈥檚 (DOL) 鈥減ersuader rule鈥� ahead of the April 27 U.S. House Committee on Education and the Workforce Subcommittee on Health, Education, Labor, and Pensions hearing on how the newly finalized regulation limits employers鈥� rights and undermines the right of workers to make informed decisions in union elections. The final rule, issued March 23, redefines 鈥減ersuader鈥� activity under the Labor Management Reporting and Disclosure Act (LMRDA) and triggers expanded reporting requirements for employers and their attorneys.听

The U.S. Department of Labor (DOL) released its latest regulatory agenda on Nov. 20. The agenda lists the priorities of the administration and the rulemakings they expect to release in 2016, their final year. An update on rulemakings affecting the construction industry is below.

老牛影视reiterated its opposition to the Department of Labor鈥檚 (DOL) one-size-fits-all overtime proposal ahead of the Oct. 8 U.S. House of Representatives Small Business Committee听 Subcommittee on Investigations, Oversight and Regulations hearing on how the proposed regulation would impact small business owners and their employees. The proposed rule, which was issued July 6, makes changes to existing regulations under the Fair Labor Standards Act (FLSA) that define which employees are exempt from overtime pay.

Beginning Jan. 1, 2016, the minimum wage for workers on covered federal contracts and service contracts will increase to $10.15 per hour from $10.10 per hour in 2015. The increase is dictated by the Oct. 7, 2014, Department of Labor鈥檚 Wage and Hour Division听final rule听that implemented听Executive Order 13658.

On Sept. 10, the U.S. Department of Labor鈥檚 Office of Federal Contract Compliance Programs (OFCCP) issued its final rule prohibiting federal contractors and subcontractors from terminating or otherwise discriminating against employees who discuss their compensation with co-workers or job applicants. This rule implements the Obama administration鈥檚 Equal Pay initiative under Executive Order 13665 and will take effect on Jan. 11, 2016.

老牛影视and more than 900 members submitted comments in opposition to the U.S. Department of Labor (DOL), Wage and Hour Division鈥檚 July 6 Proposed Regulations for Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees. If enacted, the proposal, commonly referred to as 鈥渢he overtime proposal,鈥� would more than double the minimum salary for the white collar overtime exemption and would automatically update the salary levels on an annual basis.

The U.S. Department of Labor (DOL) released听new guidance听July 15 related to employers鈥� use of independent contractors. In the Administrator鈥檚 Interpretation and an听accompanying blog post, Wage and Hour Division Administrator Dr. David Weil laments the 鈥減roblematic trend鈥� of deliberate misclassification, and considers the guidance part of a 鈥渕ulti-pronged approach鈥� to combat the phenomenon.