Waiting for the DOL
Posted 03.06.15
Jonathan A. Segal

With all due respect to the DOL:

  1. DOL forms to be used under FMLA would have expired at the end of last month, but they have been modified so they are now effective until March 31, 2015. Will new forms be published by March 31, 2015? If not, we recommend that you continue to use the current forms published by the DOL (which can be found on its website with the new expiration date). Best to use the most recent government document! Forms with March 31, 2015 expiration date: http://www.dol.gov/whd/forms/.
  2. The EEOC has asked the DOL to modify its forms, among other reasons, to comply with GINA. The DOL forms do not include the appropriate GINA disclaimer. http://www.eeoc.gov/eeoc/foia/letters/2014/gina_fmla_forms_11_10.html
  3. Reminder: attach the GINA disclaimer not only to requests for medical information under the FMLA but also to other requests for medical information, for example, requests for medical information to support a reasonable accommodation.
  4. The DOL is working on proposed new regulations with regard to the White Collar Exemptions under the FLSA. Originally, there was discussion about an October publication. Then, the DOL said February. Now, it is unclear when.
  • Jennifer Brand, Associate Solicitor of Labor, spoke at the American Bar Association Federal Labor Standards Legislation Committee’s Mid-Winter Meeting on February 26.
  • It has been reported that Ms. Brand acknowledged that the proposed changes to the white-collar exemptions would not be published last month as the DOL had previously said. She further is reported to have stated that they are “not imminent.”
  • We can expect the minimum salary to rise significantly and for it to be harder to meet the “primary duty” test. The only questions are how much higher and how much harder.
  • We will continue to track this issue.

Pardon the formality, but this update should not be construed as legal advice, as pertaining to specific factual situations or as establishing an attorney-client relationship.

About Jonathan A. Segal
Jonathan A. Segal is a partner at Duane Morris LLP in the Employment Group. He is also the managing principal of the Duane Morris Institute. The Duane Morris Institute provides training for human resource professionals, in-house counsel, and other leaders at client sites and by way of webinar on myriad employment, leadership labor, benefits and immigration topics. Jonathan has served intermittently as a consultant to the Federal Judicial Center in Washington, D.C. for more than 20 years, providing training on employment issues to federal judges around the country. Jonathan also has provided training on harassment on behalf of the EEOC as well as providing training on diversity to members of the United States intelligence agencies. Jonathan is also frequently a featured speaker at national, state and local human resource, business and legal conferences, including conferences sponsored by the Society for Human Resource Management and the Pennsylvania State Chamber of Business and Industry. Jonathan’s practice focuses on maximizing compliance and minimizing legal risk. Jonathan’s particular areas of emphasis include: equal employment opportunity in general and gender equality in particular: social media; wage and hour; performance management; talent acquisition; harassment prevention and correction; and non-competes and other ways to protect your business. You can find him on Twitter @Jonathan_HR_Law .