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Ding Dong, the Federal 80/20 and 30-Minute Tip Rule Is Dead

On August 23, 2024, the Fifth Circuit Court of Appeals released its long-awaited opinion in Restaurant Law Center v. United States Department of Labor and invalidated the 2021 final tip rule issued by the U.S. Department of...more

Supreme Court Holds Highly Paid Employee Not Overtime Exempt Due to Daily Rate Pay

On February 22, 2023, the Supreme Court of the United States ruled that a former oil rig employee who was paid a daily rate that totaled more than $200,000 annually is entitled to overtime pay under the Fair Labor Standards...more

District of Columbia to Eliminate the Tip Credit: a Specter of the Future?

​​​​​​​Currently, employers in the District of Columbia (like the majority of states) are permitted to count customer tips toward the minimum hourly wage they must pay to certain service employees. This practice is often...more

DOL Proposes New Multifactor Rule for Determining Independent Contractor Status

​​​​​​​On October 11, 2022, the U.S. Department of Labor (DOL) unveiled a new proposed rule that could make it more difficult for workers to be classified as independent contractors under the Fair Labor Standards Act (FLSA)....more

DOL’s Dual Jobs Final Rule: Will It Be a Horror Show for Employers?

On October 28, 2021, the U.S. Department of Labor (DOL) released a final rule that may cause many employers in the restaurant, hospitality, and service industries to rethink and/or end their use of tip credits under the...more

The Tale of the Partisan Pendulum - DOL Breathes Life Back into the 80/20 Rule Plus a 30-Minute Twist

On June 23, 2021, the United States Department of Labor (DOL) published a notice of proposed rulemaking (NPRM) that would create greater limitations on an employer’s ability to take a tip credit under the federal Fair Labor...more

DOL Publishes Final Rule for Determining who Is an Independent Contractor

On January 7, 2021, the U.S. Department of Labor (DOL) published a final rule in the Federal Register that clarifies how to determine who is an independent contractor and who is an employee for purposes of the Fair Labor...more

DOL Closes Out 2020 by Issuing Travel Time and Live-In Home Health Care Worker Opinion Letters

The U.S. Department of Labor (DOL) issued two Fair Labor Standards Act (FLSA) opinion letters on December 31, 2020. One of those letters addresses travel time that occurs when employees schedule personal appointments during...more

Federal DOL to Conduct Overtime Rule Listening Session in D.C., on October 17, 2018

The U.S. Department of Labor (DOL) will be conducting a listening session in Washington, D.C., on Wednesday, October 17, 2018, to gather additional views concerning potential revisions to the white-collar exemption...more

DOL to Conduct Overtime Rule Listening Sessions in Multiple Cities in September 2018

The U.S. Department of Labor (DOL) will be conducting listening sessions in five different cities across the United States in September 2018 to gather views concerning potential revisions to the white-collar exemption...more

An Early Groundhog Day: DOL Reissues 17 Opinion Letters That Had Been Withdrawn in 2009

On January 5, 2018, the U.S. Department of Labor (DOL) reissued 17 previously withdrawn opinion letters addressing a wide range of topics under the Fair Labor Standards Act (FLSA). The former acting administrator of the DOL’s...more

With Overtime Appeal On Hold, When Should We Expect New Regulations?

The U.S. Court of Appeals for the Fifth Circuit has granted a motion filed by the U.S. Department of Labor (DOL) to hold in abeyance the DOL’s appeal of a district court decision that invalidated controversial federal...more

Is This Appeal for Real? DOL Seeks Abeyance As It Formulates New Overtime Regulations

On November 3, 2017, the U.S. Department of Labor (DOL) filed a motion with the U.S. Court of Appeals for the Fifth Circuit asking the appellate court to hold in abeyance the DOL’s appeal of a district court decision that...more

Trick or Treat: DOL and Texas AFL-CIO File Appeal Notices in Overtime Lawsuit

On October 30, 2017, the U.S. Department of Labor (DOL) and the Texas AFL-CIO both filed Notices of Appeal in a highly-watched case involving the invalidation of controversial federal overtime regulations that had been...more

With the Overtime Appeal Over, It’s Now Time to Focus on the Do-Over

With the appeal of the overtime injunction in federal court now over, employers and trade associations now need to focus on the overtime do-over that is underway at the U.S. Department of Labor (DOL). More specifically,...more

Labor Department to Withdraw Overtime Appeal

As a result of the August 31 ruling by a federal district court judge invalidating highly controversial proposed revisions to federal overtime regulations, the U.S. Department of Labor (DOL), now has filed a motion with the...more

Hurricane Harvey: Wage and Hour Issues in the Wake of the Storm

As employers reopen their doors for business in the wake of Hurricane Harvey, here are some key points to keep in mind regarding wage and hour issues related to the storm....more

Employer Victory: Federal Judge Invalidates 2016 Overtime Regulations

On August 31, 2017, a federal judge in Texas invalidated highly controversial proposed revisions to federal overtime regulations that were supposed to go into effect on December 1, 2016. The same judge previously had issued a...more

Overtime Appeal Oral Argument Scheduled for October 3

The U.S. Court of Appeals for the Fifth Circuit will hold an oral argument in New Orleans on Tuesday, October 3, 2017, in a highly-watched case involving revised overtime regulations that were supposed to become effective...more

Oral Argument in Overtime Appeal to be Held in Early October

The U.S. Court of Appeals for the Fifth Circuit has tentatively scheduled oral argument for the week of October 2 in a highly watched case involving revised overtime regulations that were supposed to become effective last...more

Trump DOL to the Fifth Circuit: Uphold Ability to Set a Salary Level, But Don’t Rule on $913 Per Week Threshold

For the past seven months, employers throughout the country have been wondering what the future would hold with respect to the revised overtime regulations that were supposed to become effective last December and what...more

DOL to Reinstate Issuance of Wage-Hour Opinion Letters

On June 27, 2017, the U.S. Department of Labor (DOL) announced that it will reinstate the issuance of Wage and Hour Division (WHD) opinion letters as one of its methods for providing guidance to employers and employees on...more

Overtime Appeal Faces Uncertainty

Efforts to fast track the appeal of a nationwide preliminary injunction that prevents the U.S. Department of Labor (DOL) from implementing drastic proposed revisions to federal overtime regulations just got...more

Business Associations Support Injunction Blocking Overtime Rule

Sixty business associations that oppose the drastic changes to the overtime rules that were proposed by the U.S. Department of Labor (DOL) under the Obama administration have filed an amicus brief with the U.S. Court of...more

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