Waiting for the DOL

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

  1. 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.
  2. 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 Brand acknowledged that the proposed changes to the white-collar exemptions would not be published last month as the DOL had previously said.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.