News & Analysis as of

Fair Labor Standards Act The United States Department of Labor

The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive... more +
The Fair Labor Standards Act is a United States federal statute enacted in 1938 to promote fair labor conditions and protect workers from abusive treatment. The primary features of the FLSA address excessive working hours, child labor, unpaid overtime and unsafe working conditions.  less -

Department of Labor withdraws joint employer guidance

by McAfee & Taft on

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most...more

Some States Forge Ahead On Salary Thresholds

by Fisher Phillips on

Since last November, employers have waited with bated breath for a resolution of the status of the U.S. Department of Labor's salary-threshold increase for an executive, administrative, professional, or derivative "white...more

DOL Withdraws Guidance on Independent Contractors and Joint Employers: What It Means and What Employers Should Do Now

by Seyfarth Shaw LLP on

Seyfarth Synopsis: United States Secretary of Labor Alexander Acosta recently withdrew the federal Wage & Hour Division’s (WHD) Obama-era guidance documents on independent contractors and joint employment. Those documents,...more

DOJ Now Supports Enforcement of Employment Arbitration Clause

by Benesch on

The U.S. Justice Department has abruptly reversed course in a U.S. Supreme Court case concerning an employment agreement that restricts employees from participating in class and collective lawsuits, arguing that a mandatory...more

Is There, Or Will There Be, Erratic Enforcement Of The FLSA Under Trump?

by Fox Rothschild LLP on

The President has not yet nominated an Administrator for the DOL Wage and Hour Division and the new Secretary of Labor, Alexander Acosta, has not named a political adviser to work with the Wage and Hour Division’s careerists....more

DOL Withdraws Interpretation of “Joint Employment” and “Independent Contractors” Rules: What Does this Mean for Me?

by PilieroMazza PLLC on

On Wednesday, June 7, 2017, Secretary of Labor Alexander Acosta announced that the U.S. Department of Labor (DOL) would be withdrawing two Administrative Interpretations issued during the previous administration regarding...more

Has The Dismantling of the Labor Regulatory Regime Commenced?

by Nexsen Pruet, PLLC on

The Trump campaign promised regulatory reform, and most experts expected the new administration would target some of the Department of Labor regulations, enforcement actions, and guidances under the Obama administration that...more

Valet Driver's FLSA Tip Claim Fails

by Fisher Phillips on

In a welcome decision for employers, the Eleventh Circuit U.S. Court of Appeals (having jurisdiction over Alabama, Florida, and Georgia) recently ruled that a tipped employee for whom no federal Fair Labor Standards Act "tip...more

DOL Withdraws Obama-Era Guidance on Joint Employment and Independent Contractor Misclassification

Last week, Labor Secretary Alexander Acosta announced that the U.S. Department of Labor has withdrawn two Obama-era informal guidance documents. In 2015, the Department issued guidance regarding the misclassification of...more

Franchise Law: Burden of Joint Employer Just Got a Little Lighter

by Lewitt Hackman on

Direct control, indirect control…these are the employment litigation phrases that had franchisors cowering in duck-and-cover positions over the last few years. But the Department of Labor just issued a statement to breathe...more

Joint Employer Status Rebuffed?

by Ruder Ware on

Recent action by the Trump Administration has raised a new question regarding joint employer status and whether particular employees hired (individually or through a company) to provide work for another company should be...more

U.S. Department of Labor Withdraws Independent Contractor and Joint Employment Guidance

by Smith Anderson on

Last week, the United States Department of Labor (DOL) withdrew two Wage and Hour Administrator’s Interpretations, one on classification of workers as independent contractors and the other on joint employment. The...more

Department of Labor Signals Move to Limit Definition of “Employment”

by Wilson Elser on

On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced the immediate withdrawal of the U.S. Department of Labor’s (DOL’s) 2015 and 2016 Administrative Interpretations regarding joint employment and independent...more

Are You My Employer? DOL Rescinds Obama-Era Joint Employer Guidance

by Miller & Martin PLLC on

The Department of Labor (DOL) announced its decision today to rescind two Obama-era guidance letters that aimed to expand the joint employer doctrine and limit the misclassification of workers under the Fair Labor Standards...more

DOL Withdraws Obama-era Letters on Joint Employer and Classification Guidance

by Bass, Berry & Sims PLC on

The unwinding continues. The U.S. Department of Labor (DOL) recently announced the withdrawal of the Obama administration’s previously issued informal guidance on independent contractors and joint employers....more

Trump Department of Labor Continues to Chip Away at Obama Wage & Hour Efforts - WHD Interpretive Guidance on Joint Employer and...

by Foley & Lardner LLP on

On Wednesday, June 7th, the U.S. Department of Labor (DOL) withdrew two highly provocative interpretive guidance letters issued under President Obama’s administration. The two letters, issued by the Wage & Hour Division (WHD)...more

11th Circuit Denies Private Federal Right of Action for Withheld Tips

The Court of Appeals for the 11th Circuit held earlier this week that a plaintiff who received at least the minimum wage and any overtime pay owed could not sue under the FLSA for withheld tips....more

The U.S. Department of Labor's Shift in Policy: A Win for Businesses?

by Clark Hill PLC on

On June 7, 2017, the Secretary of Labor announced that the Department of Labor is withdrawing its Obama-era Wage and Hour Administrator's Administrative Interpretations addressing joint employment and independent contractors....more

USDOL Withdraws Joint Employment and Independent Contractor Guidance

by FordHarrison on

The recent announcement by Secretary of Labor Alexander Acosta to rescind Administrator’s Interpretation Nos. 2015-1 and 2016-1 should allow employers more latitude to hire independent contractors by removing the restrictive...more

Trump Department of Labor Withdraws Obama-Era Administrator Interpretation Letters on Joint Employer and Worker Classification

by Saul Ewing LLP on

Signaling a clear departure from Obama-era enforcement priorities, the Trump Administration announced on June 7, 2017 that it has withdrawn two Department of Labor guidance documents on worker classification and joint...more

Not Yet Time To Pop Champagne Corks After IC Guidance Withdrawn

by Fisher Phillips on

Earlier this week, the U.S. Department of Labor dropped a bit of a bombshell when it announced the immediate withdrawal of two informal guidance letters issued back when President Obama governed the executive branch. The 2015...more

DOL Withdraws Obama-Era Guidance on Joint Employment and Independent Contractors

by Foley Hoag LLP on

On June 7, 2017, the United States Department of Labor (“DOL”) announced that it is withdrawing the prior Administration’s guidance on joint employment and independent contractors. The Obama Administration had issued...more

U.S. Secretary of Labor Withdraws Informal Guidance on Joint Employment and Independent Contractors

by Ballard Spahr LLP on

The U.S. Department of Labor (DOL) has withdrawn its 2015 and 2016 controversial informal guidance on joint employment and independent contractors. Those two guidance letters, issued during the Obama administration, greatly...more

DOL Withdraws Administrator’s Interpretations on Joint Employment and Independent Contractors

by K&L Gates LLP on

On June 7, 2017, the U.S. Department of Labor withdrew its controversial written interpretations addressing joint employment and the misclassification of employees as independent contractors. These informal guidance...more

U.S. Department of Labor Withdraws Independent Contractor and Joint Employment Guidance

by Payne & Fears on

In a positive development for employers, the United States Department of Labor (DOL) announced on Wednesday, June 7, 2017, that it is withdrawing two Interpretations issued during the Obama Administration....more

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