News & Analysis as of

Fair Labor Standards Act (FLSA) Federal Register

Gould + Ratner LLP

New DOL Proposal Would Expand Overtime Pay to Millions of Workers

Gould + Ratner LLP on

The U.S. Department of Labor (DOL) has announced a new proposed rule that – if it becomes final – would extend overtime pay to over 3 million American workers. Annual Salary Threshold for EAP Exemptions Increases to...more

Lowenstein Sandler LLP

United States Department of Labor Proposes Increased Salary Threshold for Employees to Maintain Exemption From Overtime

Lowenstein Sandler LLP on

The U.S. Department of Labor (DOL) announced today a notice of proposed rulemaking to raise the salary threshold for “white collar” minimum wage and overtime pay exemptions. The proposed rule would increase the minimum annual...more

Smith Debnam Narron Drake Saintsing & Myers,...

Department of Labor Tightens the Screws on Contractor Classification

As widely anticipated, on October 11, the Wage and Hour Division of the United States Department of Labor (DOL) issued a proposed rule revising its analysis of what constitutes an employee under the Fair Labor Standards Act...more

Constangy, Brooks, Smith & Prophete, LLP

USDOL releases proposed regulations on independent contractors

Tuesday morning, the U.S. Department of Labor issued proposed regulations addressing whether a worker is an “employee” or an “independent contractor” under the Fair Labor Standards Act. We are reviewing the proposal now and...more

Amundsen Davis LLC

Federal Court Reinstates Trump Era Independent Contractor Test Rule

Amundsen Davis LLC on

On March 14, 2022, Judge Marcia Crone of the U.S. District Court for the Eastern District of Texas ordered that the Trump administration’s rulemaking regarding the Fair Labor Standards Act’s (FLSA) Independent Contractor Test...more

Jackson Lewis P.C.

DOL Issues, Then Withdraws, Updated Guidance on Compensability of COVID-19 Testing and Vaccine Time

Jackson Lewis P.C. on

The list of laws and regulations governing vaccinations and testing is growing and changing at a frenetic pace. Employers can add U.S. Department of Labor (DOL) guidance on the compensability of time spent undergoing testing...more

Jackson Lewis P.C.

Proposed Regulations Implementing $15 Federal Contractor Minimum Wage Issued

Jackson Lewis P.C. on

As covered in our last blog post on this topic, President Biden issued Executive Order 14026 on April 27, 2021 raising to $15 per hour the minimum wage certain federal contractors must pay workers performing work “on or in...more

Fox Rothschild LLP

DOL Proposes Rules To Limit ‘Side Work’ For Tipped Employees And Regulate Tip Credits

Fox Rothschild LLP on

On June 21, 2021, the U.S. Department of Labor (DOL) announced proposed rules setting forth new tip regulations under the Fair Labor Standards Act (FLSA). These new rules would reinstate the so-called “80/20” rule under...more

Constangy, Brooks, Smith & Prophete, LLP

Biden DOL Proposes To Dismantle Trump regs On Tipping, FLSA

In a pair of proposed rules published in this morning’s Federal Register, the Wage and Hour Division of the U.S. Department of Labor has taken additional steps to derail and eventually modify regulations issued during the...more

Jackson Lewis P.C.

Department Of Labor Issues Final Independent Contractor Rule

Jackson Lewis P.C. on

The Department of Labor’s (DOL) Wage and Hour Division has formally released a Final Rule defining “independent contractors” under the Fair Labor Standards Act (FLSA). The regulation provides that “an individual is an...more

Jackson Lewis P.C.

Labor Department Issues Final Rule On Tip Pooling Amendments, Elimination Of ‘20%’ Dual Jobs Rule

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has issued its long-awaited Final Rule addressing who may share tips under the Fair Labor Standards Act (FLSA) and the circumstances under which employers may use a tip credit. The Final...more

Brooks Pierce

DOL Proposed Rule Clarifies Requirements for Classifying Workers as Independent Contractors

Brooks Pierce on

On Sept. 22, 2020, the U.S. Department of Labor (DOL) issued a proposed rule(link is external) providing guidance to employers on whether workers should be classified as employees or independent contractors under the Fair...more

Foley Hoag LLP

Department of Labor Proposes New Rule on Independent Contractors

Foley Hoag LLP on

On September 22, 2020, the U.S. Department of Labor (DOL) unveiled its long-awaited proposed independent contractor rule. The new rule sets forth a new standard for determining whether a worker can be classified as an...more

Sherman & Howard L.L.C.

DOL Bucks States’ Trend On Independent Contractors

On September 22, 2020, the United States Department of Labor (“DOL”) proposed regulations intended to make it easier for companies to classify workers as independent contractors. The proposed rule offers a framework for...more

Holland & Hart - Employers' Lawyers

New Department of Labor Proposed Rule Makes It Easier to Classify Workers as Independent Contractors under the Fair Labor...

On Tuesday, September 22, the United States Department of Labor’s Wage and Hour Division announced a proposed rule that clarifies whether a worker is an employee or an independent contractor under the Fair Labor Standards Act...more

Fisher Phillips

USDOL To Publish "White Collar" Exemption Information Request (Updated 07/26/17)

Fisher Phillips on

A U.S. Department of Labor Request for Information will be published tomorrow morning to seek additional public comment regarding the 2016 compensation revisions in the regulations defining the federal Fair Labor Standards...more

Ballard Spahr LLP

Labor and Employment Regulations Potentially Affected by Trump Regulatory Freeze

Ballard Spahr LLP on

The Trump administration's "Regulatory Freeze Pending Review" (Freeze Memo) instructs the heads of federal executive departments and agencies to send no regulation to the Office of Federal Register (OFR) until a presidential...more

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

The Employment Law Authority - September/October 2015

On October 16, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning new rules for extending the Optional Practical Training (OPT) program for international students...more

Littler

House Subcommittee Holds Hearing on Proposed Amendments to Overtime Rule

Littler on

The Department of Labor's controversial proposed changes to the "white collar" overtime exemption regulations came under fire during a House Subcommittee on Investigations, Oversight and Regulations hearing on October 8,...more

Burr & Forman

Six Options For Complying With New DOL FLSA Salary Rules

Burr & Forman on

It is rare for an employee’s salary to double with one raise, yet, under the Department of Labor’s (DOL's) proposed rule, employers will need to double some employees’ salaries to continue to pay them salaries without...more

Fisher Phillips

USDOL Delays Its "Companionship", "Live-In Domestic" Enforcement

Fisher Phillips on

As we recently reported, the U.S. Department of Labor's changes in its regulations governing the Fair Labor Standard Act's Section 13(a)(15) "companionship" exemption and Section 13(b)(21) overtime exemption for "live-in...more

Franczek P.C.

The New FLSA Regulations: The DOL's Actual Proposed Language

Franczek P.C. on

We have been covering the Department of Labor Wage & Hour Division’s (WHD) finally released proposal to amend the Fair Labor Standards Act (FLSA), which was published last week. The Notice of Proposed Rulemaking (NPRM) is...more

Hinshaw & Culbertson LLP

Department of Labor Significantly Expanding Overtime Eligibility

The Department of Labor (DOL) recently issued proposed new rules that seek to expand overtime wage coverage to more than 4.6 million workers. These proposed rules are not yet final, and the DOL seeks comments. However, now is...more

Proskauer - Law and the Workplace

Proposed White Collar Exemption Regulations Published In Federal Register

As described in our previous blog post last week, on June 30, 2015 the U.S. Department of Labor finally released its highly anticipated proposed regulations to amend 29 CFR Part 541, the Fair Labor Standards Act’s “white...more

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