Seyfarth Synopsis: On June 13, 2023, the Biden Administration announced the release of its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (the 2022 Fall Agenda was issued in January 2023). In connection with the Administration's new regulatory agenda, the U.S. Department of Labor's Wage and Hour Division continues to pursue a number of significant rulemakings, many of which have experienced delays to their target publication dates. These include a potential increase in the minimum salary level for the white-collar exemptions, the proposal for which is now scheduled for August 2023.
Even though the judiciary seems primed to continue chipping away at the authority of what some call the "administrative state" — is Chevron still a thing? — the Biden Administration's executive agencies remain focused on rulemaking. When we posted on the 2022 fall agenda, we noted the Department of Labor's Wage and Hour Division ("WHD") had a number of impactful standards on its plate. That remains the case, as none of the rules we discussed have issued in the meantime.
DOL's most recent deadline to issue a Notice of Proposed Rulemaking ("NPRM") on "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees" had been May 2023, and "we anticipate[d] WHD will strive to timely meet its goal" after a number of delays. We're sure there was plenty of striving, but WHD has — again — pushed its NPRM target, this time to...
A La Habra-based provider of positron emission tomography scan services has agreed to pay more than $8.3 million to resolve allegations it violated the False Claims Act by offering improper payment...