News & Analysis as of

Fair Labor Standards Act (FLSA) State and Local Government Department of Labor (DOL)

Bradley Arant Boult Cummings LLP

Tipped Out? 5th Circuit Negates DOL Tip Credit Rule

How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - April 2024 #2

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Buchalter

Rounding Time Is No Longer a Safe Bet in Oregon and Washington

Buchalter on

The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things,...more

Verrill

Department of Labor Releases Final Independent Contractor Status Rule

Verrill on

On Tuesday January 9, 2024, the Department of Labor (DOL) published its final rule setting forth how worker classification (i.e., whether a worker is an employee or independent contractor) will be determined by the agency...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 1, January 2024

We are excited to kick off 2024 with more in-depth insights into the construction industry and legal issues that can impact your business. Our goal is to provide the most up-to-date information along with our thoughts and...more

BakerHostetler

Snakes! And Other Things to Watch for in 2024, Contingent Workforce Edition

BakerHostetler on

When playing professional sports in Australia, you’d better watch out for snakes. A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more

Bradley Arant Boult Cummings LLP

Out with the Old? Not So Fast! A Quick Review of 2023 Highlights

2023 has brought many updates and changes to the legal landscape. Our blog posts have covered many of them, but you may not remember (or care to remember) them. Before moving on to 2024, let’s take a moment to review our top...more

Perkins Coie

DOL Issues Guidance on PUMP Act for Nursing Workers

Perkins Coie on

The U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2023-2 on May 17, 2023, to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act...more

Schwabe, Williamson & Wyatt PC

Federal Contractors Must Pay Workers At Least $15 Hourly According to New Department of Labor ‎Rule

Starting January 30, 2022, new federal contracts that are not procurement contracts must include a clause requiring federal contractors to pay at least $15 per hour to workers performing work on or in connection with the...more

Foley & Lardner LLP

US Department of Labor to Hire 100 New Investigators in the Wage and Hour Division, Signaling Increased Focus on Enforcement

Foley & Lardner LLP on

The U.S. Department of Labor (DOL) recently announced its intention to hire 100 new investigators in its Wage and Hour Division. Currently at is lowest staffing levels in over a decade, the division oversees the enforcement...more

White and Williams LLP

Federal Minimum Wage Has Not Increased in Record Amount of Time

Minimum wage just broke another record today. It will break another tomorrow. Did you know that the federal minimum wage has not been increased in over 12 years? Every day without an increase sets another record for the...more

Holland & Knight LLP

Update on Key Issues for Motor Carriers Involving Independent Contractors

Holland & Knight LLP on

This Holland & Knight Transportation Blog post provides an update on several developments of interest that impact motor carriers and their logistics operations. FMCSA Meal and Rest Break Rule Preempts California's "ABC...more

Sheppard Mullin Richter & Hampton LLP

U.S. Department of Labor Announces Withdrawal of Trump-Era Independent Contractor Rule

On May 5, 2021, the U.S. Department of Labor (“DOL”) announced it is officially withdrawing, effective May 6, 2021, the rule promulgated under the Trump administration addressing the standard to determine whether an...more

Husch Blackwell LLP

One Year Later: Compliance Guide For Employers With A WFH Workforce

Husch Blackwell LLP on

On January 20, 2020, the first case of COVID-19 in the United States was confirmed in Washington state. By March, many employers began sending their workers home on what was expected to be a temporary basis. Almost one year...more

Stokes Wagner

New Tipping Regulations Will Take Effect March 1, 2021

Stokes Wagner on

The Department of Labor has issued new tipping regulations, to take effect on March 1, that make a few significant changes, some of which may be advantageous to hospitality employers....more

Sheppard Mullin Richter & Hampton LLP

Share The Tip Jar: Department of Labor Finalizes Rule Opening Tip Pooling To Back-of-the-House Workers

On December 22, 2020, the U.S. Department of Labor (DOL) issued its final rule modifying federal regulations concerning compensation for “tipped employees.” The new final rule follows 2018 federal legislation, which amended...more

Snell & Wilmer

Can Companies Use the Outside Sales Exemption During a Pandemic?

Snell & Wilmer on

COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees...more

Bradley Arant Boult Cummings LLP

Joint Employment -- Still a Conundrum

For generations of small business owners franchising serves as a successful business model. Under this paradigm a franchisor grants a franchisee a license to use the franchisor’s trademark and business concept in exchange for...more

Perkins Coie

DOL Issues Clarification Regarding Compensability for Voluntary Training/Continuing Education

Perkins Coie on

The U.S. Department of Labor (DOL) recently published an opinion letter explaining compensability under the Fair Labor Standards Act (FLSA) of time spent in voluntary continuing education programs. In FLSA 2020-15, the DOL...more

Morgan Lewis

California Announces 2021 Increase in Compensation Rate for Computer Professional Exemption

Morgan Lewis on

As of January 1, 2021, California employers must ensure that compensation rates for computer professionals meet the updated salary thresholds. In a memo issued on October 16, 2020 the California Department of Industrial...more

Perkins Coie

NY Court Strikes Down Significant Portions of DOL’s Final Rule Defining Joint Employment Scenarios Under FLSA

Perkins Coie on

The U.S. Department of Labor’s (DOL) Final Rule revising the joint employer regulations under the federal Fair Labor Standards Act (FLSA) took effect on March 16, 2020, (Final Rule). On September 8, 2020, the Hon. Gregory H....more

Sheppard Mullin Richter & Hampton LLP

New York Federal Court Strikes Down Key Portions of Joint Employer Rule

On September 8, 2020, a Federal Judge in New York struck down a key portion of the U.S. Department of Labor’s (“DOL”) new joint employer rule, which took effect just several months ago in March 2020. Background: Under...more

Fox Rothschild LLP

New Jersey Wage & Hour Facts- 2020

Fox Rothschild LLP on

The following general guidelines provide an overview of the New Jersey Wage Payment Law and Wage and Hour Law. These guidelines address only the requirements of New Jersey law. Federal law imposes additional requirements...more

ArentFox Schiff

Wage and Hour Division Ends Practice of Seeking Liquidated Damages in Pre-Litigation Settlements

ArentFox Schiff on

The US Department of Labor’s Wage and Hour Division announced a policy change that is sure to please employers facing administrative FLSA back wages claims. Effective on July 1, 2020, the Division will cease to routinely...more

Jackson Lewis P.C.

States May Proceed With Lawsuit Challenging DOL’s New ‘Joint Employer’ Rule

Jackson Lewis P.C. on

The 18 states challenging the U.S. Department of Labor’s (DOL) new “joint employer” rule may proceed, a district court has decided, over the DOL’s motion to dismiss the case. State of New York v. Scalia, 2020 U.S. Dist. LEXIS...more

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