BELLO / WELSH LLP NEWS & ALERTS

DOL Signals Loosening in Regulatory Stance on Independent Contractor Misclassification and Joint Employer Liability

Alexandra D. Thaler and Justin Engel The federal Department of Labor signaled this week that it is reversing course on Obama-era policies that had resulted in the risk of expansive employer liability with respect to worker classification and joint employment.  The DOL’s withdrawal of two controversial guidance documents from 2015 and 2016 is one in […]

Overtime Update: Will the Texas Decision Invalidating the DOL Overtime Rule Survive and What Should Employers Do Now?

By Kenneth M. Bello Now that a federal judge has issued a preliminary injunction staying implementation of the new DOL regulations revising salary thresholds for determining application of the white collar minimum wage and overtime pay exemptions, otherwise slated to go into effect on December 1st, what happens next, and how quickly will that occur?  […]

DOL Overtime Rule Stopped: Nationwide Injunction Issued by Texas Judge

In a last-minute, and therefore surprising, decision issued today, a Texas Federal District Court judge has blocked enforcement of the revised federal overtime rule set to become effective December 1, 2016.  The rule, issued by the federal Department of Labor, would require employers to pay a salary of at least $913 dollars per week (equivalent to $47,476 […]

EEOC Publishes Strategic Enforcement Plan for Fiscal Years 2017-2021

By Martha J. Zackin EEOC recently published its Strategic Enforcement Plan (SEP) for Fiscal Years 2017-2021, in which it outlines the areas in which it intends to focus its strategic litigation and enforcement activities in the coming years.  Not surprisingly, the EEOC indicates that it intends to expend significant resources on understanding and protecting temporary employees […]

Final Rule and Guidance Issued Implementing Fair Pay and Safe Workplaces Executive Order

On August 25, 2016, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a Final Rule amending the Federal Acquisition Regulation (FAR) to implement Executive Order 13673, the Fair Play and Safe Workplaces Executive Order (also known as the “blacklisting rule”).  The Department of Labor (DOL) also issued Final […]

Bello Welsh Partner Quoted in Law360 Article

Bello Welsh partner, Ken Bello, was quoted in an article about the new Massachusetts Pay Equity Law.  The article is posted on Law360, here, and below with permission: How Mass. Employers Should Prep For New Pay Equity Law By Brian Amaral Law360, Boston (August 11, 2016, 4:40 PM ET) — Massachusetts’ sweeping new law against gender […]

Defend Trade Secrets Act Signed Into Law

President Obama signed the “Defend Trade Secrets Act of 2016” into law on May 11th.  The Act amends the Economic Espionage Act of 1996 to provide a federal private right of action for trade secret misappropriation and theft.  Remedies include actual damages, injunctive relief, and exemplary damages and attorneys’ fees for willful and malicious misappropriation. […]

Update: Comment Period Extended for Proposed Rule for Federal Contractor Paid Sick Leave

By: Alexandra (Sasha) Thaler The Department of Labor has extended the public comment period on its Proposed Rule for Federal Contractor Paid Sick Leave, based on public comments received and the interest that has been expressed in this matter.  The comment period was due to close on March 28; comments may now be submitted through […]

Massachusetts: An Act to Establish Pay Equity

On January 28, the Massachusetts Senate passed S. 2119, titled “An Act to Establish Pay Equity” (the “Proposed Law”).   Touted by one of the Act’s co-sponsors as a way to “further close the wage gap between male and female workers in the Commonwealth,” the Proposed Law is claimed to ensure equal pay for comparable work […]

EEOC Proposes Changes to EEO-1 Reporting to Include Pay Data

By Martha J. Zackin Today, the U.S. Equal Employment Opportunity Commission (EEOC) issued a proposed revision to the Employer Information Report (EEO-1) to include the annual collection and reporting of pay data.  Currently, federal law requires federal contractors with 50 or more employees, and all other employers with 100 or more employees, to file an […]

Joint Employment: DOL Issues Adminstrator’s Interpretation

By Martha J. Zackin The legal concept of joint employment has been around for many years, first gaining national prominence in 1996, after a federal appeals court found Microsoft to be a co-employer of thousands of workers classified either as “contractors” or “temporary employees” retained through a staffing company.  The case, Vizcaino v. Microsoft,, 97 […]