News & Analysis as of

Department of Labor (DOL) Wage and Hour Supreme Court of the United States

Amundsen Davis LLC

Federal Court Invalidates Parts of the US DOL’s Davis-Bacon Act (DBA) Rule – Particularly Impacting the Transportation of Supplies...

Amundsen Davis LLC on

On June 24, 2024, a federal district court judge enjoined parts of the United States Department of Labor’s (US DOL's) August 23, 2023 prevailing wage rule that greatly expanded the definition of “construction” on federal...more

Morgan Lewis

Practical Guidance on Labor and Employment Issues in a Post-Chevron World

Morgan Lewis on

With the US Supreme Court’s June 28 decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, the four-decades Chevron doctrine is no longer. While the Court’s decision has altered...more

DirectEmployers Association

OFCCP Week In Review: July 2024 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment... In today’s edition, they discuss: - SCOTUS’ Retirement of “Chevron Doctrine” Has...more

DirectEmployers Association

OFCCP Week in Review: July 2024

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment. - Federal Judge Temporarily Blocked Portions of USDOL Rule Setting New Formula for...more

Obermayer Rebmann Maxwell & Hippel LLP

Update: Overtime Rule now Partially in Effect, but Supreme Court Overturns Longstanding Agency Deference in Overturning Chevron

As noted in our June 24, 2024 blog and client alert, the Department of Labor’s new Overtime Rule is subject to several legal challenges, including in Texas. On Friday, a federal judge in the Eastern District of Texas...more

Constangy, Brooks, Smith & Prophete, LLP

Court blocks new FLSA salary thresholds... but only for State of Texas employees

There was good news and bad news on Friday from one of the lawsuits challenging the U.S. Department of Labor’s regulation increasing the salary threshold for the so-called white-collar exemptions to the overtime requirements...more

Sheppard Mullin Richter & Hampton LLP

New SCOTUS Case Could Make Fair Labor Standards Act Claims More Difficult for Employers to Defend

The Supreme Court will soon hear a wage and hour case with massive implications for employers defending claims under the Fair Labor Standards Act (“FLSA”). Depending on the outcome, the high court’s decision could make it far...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights, Issue 1, April 2024

Welcome to our first SuperVision e-newsletter of 2024. Although we are only four months into 2024, it has already been an incredibly active year on the labor and employment front. On Wednesday, the Federal Trade Commission...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

DirectEmployers Association

OFCCP Week In Review: July 2023 #5

Monday, July 31, 2023: Part IV (Finale): Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases + “Life Preserver” Practical Next Step Suggestions - ...more

Seyfarth Shaw LLP

Policy Matters Newsletter - July 2023

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After Lengthy Confirmation Fight, Brace For Intrusive EEOC Action. On July 13, the Senate finally confirmed attorney Kaplana Kotagal — whom we have had numerous occasion to discuss in this space — to join the Equal Employment...more

DirectEmployers Association

OFCCP Week In Review: July 2023 #3

Friday, June 2, 2023: FAR Council’s Interim Rule Banned TikTok on Federal Government Contractor Devices - August 1 Deadline for Public Comments on Interim Rule - Ban Implemented Due to National Security Concerns - ...more

Seyfarth Shaw LLP

Policy Matters Newsletter - May 2023

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That AI Is So Hot Right Now, But What Is It? As we noted in this podcast, the labor and employment community – nay, most of the world – is struggling to figure out the best way to reap the benefits of AI, while most...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS to hear case that could upend power of federal regulatory agencies

As we have seen recently, the U.S. Supreme Court is again considering overturning decades-long precedent. Nearly 40 years after the Court decided Chevron v. Natural Resources Defense Council, it has agreed to reconsider....more

Gould + Ratner LLP

U.S. Supreme Court Finds Employee Making $200,000 Is Entitled to Overtime Pay

Gould + Ratner LLP on

The U.S. Supreme Court recently held that a rig oil worker paid at a daily rate that amounted to $200,000 annually was entitled to overtime pay because he was not paid on a “salary basis” as required by the Fair Labor...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Holds That a PAGA Plaintiff Maintains Standing to Assert Representative Claims Even When Individual...

On February 2, 2023, the California Court of Appeal issued an important follow-up decision to the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, — U.S. —, 142 S. Ct. 1906 (2022). Galarsa v....more

Foley & Lardner LLP

Six Figure Salary? Make Sure It’s Really a Salary

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How does an employer owe someone earning over $200,000 per year overtime? By claiming the employee is salaried exempt — but not really paying a salary. The U.S. Supreme Court ruled on February 22, 2023 in Helix Energy...more

Foley & Lardner LLP

Energy Industry and Wage and Hour Compliance Issues

Foley & Lardner LLP on

On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more

Tucker Arensberg, P.C.

New Supreme Court Ruling on Salary Basis for Exempt Executive Employees

The United States Supreme Court just issued a new ruling on the salary basis test for exempt executive employees. Before we get to that, here is a quick background on the salary basis and executive employee tests, which are...more

Rumberger | Kirk

Employers Beware: Highly Compensated Employees Could Be Entitled To Overtime

Rumberger | Kirk on

The Fair Labor Standards Act (FLSA) guarantees that covered employees receive overtime pay when they work more than 40 hours a workweek. An employee is exempt from the overtime requirement if he or she works “in a bona fide...more

Maynard Nexsen

SCOTUS: $200K Per Year And Employee Still Entitled To Overtime Pay

Maynard Nexsen on

On Feb. 22, 2023, the U.S. Supreme Court weighed in on overtime exemptions under the Fair Labor Standards Act (FLSA) and held that a highly compensated employee was entitled to overtime pay because he was paid a day rate and...more

Quarles & Brady LLP

Supreme Court Rules That Employee Earning Six Figures Is Also Entitled to Overtime Pay

Quarles & Brady LLP on

On February 22, 2023, the United States Supreme Court ruled in a 6-3 decision that an employee who earned over $200,000 annually was still entitled to overtime pay under the Fair Labor Standards Act (FLSA). The Court’s...more

ArentFox Schiff

Supreme Court: Salary, Not Daily Pay, Required for FLSA Overtime Exemptions

ArentFox Schiff on

Ruling on a narrow, but significant question, the US Supreme Court affirmed that the white-collar overtime exemptions under the federal Fair Labor Standards Act (FLSA) require employers to pay an employee on an actual “salary...more

Fox Rothschild LLP

Supreme Court: Highly Compensated Employees Must Be Paid a Salary to Avoid Overtime

Fox Rothschild LLP on

A recent United States Supreme Court decision, Helix Energy Solutions Group, Inc. v. Hewitt, held that to qualify for the highly compensated employee exemption to the overtime requirements under the Fair Labor Standards Act...more

Hogan Lovells

U.S. Supreme Court rules high-earning professionals are not overtime-exempt if paid hourly

Hogan Lovells on

In an opinion issued on February 22, 2023, the Supreme Court held that high-earning professionals must be paid on a salary basis in order to qualify for overtime exempt status under the Fair Labor Standards Act (FLSA). This...more

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