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July has been a busy month for the Department of Labor (DOL). On July 6th, DOL published proposed revisions to the “white collar” overtime regulations which would more than double the minimum salary level required for exemption. On July 10th, DOL defended its 2011 tip credit regulations before the Ninth Circuit in Oregon Restaurant & Lodging v. Perez. Last week, on July 15th, DOL issued new guidance – an “Administrator’s Interpretation” – concluding that “most” workers are employees, not independent contractors. A decision on the validity of DOL’s home care worker regulations is expected any day from the D.C. Circuit in Home Care Association v. Weil, and in August, DOL is expected to issue a request for information on the use of electronic devices by overtime-protected employees outside of scheduled work hours. In this teleforum, the Bush Administration’s wage-hour team at DOL provided a briefing on these developments and discussed what else we can expect from DOL over the next 18 months.

  • Paul DeCamp, Jackson Lewis P.C.
  • Alexander J. Passantino, Seyfarth & Shaw