News & Analysis as of

Fair Labor Standards Act (FLSA) Regulatory Agenda

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

CDF Labor Law LLP

Organized Labor Ups the Ante with Push to Turn Student-Athletes Into Employees

CDF Labor Law LLP on

The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a...more

Ward and Smith, P.A.

Serving Up Compliance: How the Hospitality Industry Can Remain Compliant with Changing Laws and Regulations

Ward and Smith, P.A. on

The hospitality industry is a fast-paced sector that juggles a myriad of issues from high worker turnover to shortages of workers.  In addition to these inherent challenges, the industry must also comply with a multitude of...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...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

Schwabe, Williamson & Wyatt PC

The DOL’s New Overtime Rule is Heading Straight for ‎Us

Ready or Not, Here It Comes – What Should Employers Do Now? The Department of Labor’s September 2023 proposed rule to expand overtime protections to millions of employees is the proverbial freight train heading right for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Emerging Theories of Liability in the Internet of Things Era

The Internet of Things (“IoT”) has ushered in a new era of connectivity and convenience, but with it comes a host of legal issues and emerging theories of liability. As IoT devices become increasingly ubiquitous in our daily...more

Seyfarth Shaw LLP

A Four-Day Workweek? What Employers Can Expect from Congress’ Newest Fight for a 32-Hour Workweek

Seyfarth Shaw LLP on

A new piece of legislation introduced in Congress, if enacted, would amend the Fair Labor Standards Act to establish 32-hour workweek for non-exempt employees, with no loss in pay. While the bill is unlikely to gain steam, it...more

Akerman LLP - HR Defense

Update: The DOL’s New Overtime Rule is Officially in the Pipeline

Following up on our previous blog post about the DOL’s Proposed Rule raising minimum salary thresholds for exempt workers, we are now getting closer to game time. The DOL recently submitted a proposed Final Rule through the...more

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

Beltway Buzz - March 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

Nelson Mullins Riley & Scarborough LLP

Proposed DOL Overtime Rule Increasing the Minimum Salary Threshold for Exempt Employees Likely to Take Effect Later this Year

A Department of Labor (DOL) proposed rule increasing the minimum salary threshold for exempt employees is projected to change the exempt status of approximately 3.4 million employees and go into effect as early as June 2024....more

Mitratech Holdings, Inc

HR Compliance Demystified: A Comprehensive Guide for Employers

For HR leaders, HR compliance can sometimes seem as complex as a Rubik’s cube. In this comprehensive guide, we will demystify HR compliance for you and provide valuable insights to help your business stay on the right side of...more

Brooks Pierce

DOL Publishes Final Rule on Employee or Independent Contractor Classification

Brooks Pierce on

On Jan. 9, 2024, the U.S. Department of Labor (DOL) announced the upcoming publication of its final rule on how to analyze whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more

Polsinelli

New Year, New Rules? 2024 May See Implementation Of The DOL’s Proposal For Increased Exemption Salary Thresholds While...

Polsinelli on

As 2023 comes to a close, so did the notice-and-comment period for the U.S. Department of Labor’s (DOL) proposed rule increasing the minimum salary required for employees to be exempt under any of the “White Collar...more

McCarter & English, LLP

Recent Congressional Hearings Signal Major NIL Changes Are Coming

McCarter & English, LLP on

University administrators, coaches, athletes and sports management agencies should all be aware of the emerging debate in the halls of Congress concerning the status of the name, image, likeness rule (NIL) and how this...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Bodman

Department of Labor Proposes an Increase to the FLSA Exempt Employee Salary Threshold; Is 2023(4) the New 2019 or 2017?

Bodman on

On August 30, 2023 the U.S. Department of Labor (“DOL”) announced the much anticipated Notice of Proposed Rulemaking (“NPRM”) which, if implemented, would increase certain otherwise salary exempt employees’ compensation under...more

Epstein Becker & Green

The 8 and 80 Overtime System and How It Affects Healthcare Establishments

Epstein Becker & Green on

What is the 8 and 80 overtime system? The Fair Labor Standards Act (“FLSA”) generally requires covered employers to pay non-exempt employees overtime for all hours worked over 40 hours in a work week. However, the FLSA...more

Gray Reed

Proposed DOL Regulations Seek to Raise Salary Thresholds for Overtime Exemptions

Gray Reed on

The U.S. Department of Labor (DOL) has proposed new regulations that seek to increase the salary thresholds for overtime pay exemptions under the Fair Labor Standard Act (FLSA). If implemented, nearly 3.6 million employees...more

Manatt, Phelps & Phillips, LLP

DOL Seeks to Raise Salary for FLSA’s White Collar Exemption

Following in the footsteps of the Department of Labor (DOL) under the Obama Administration, the agency released a notice of proposed rulemaking (NPRM) that would raise the minimum salary to qualify for a white collar...more

Lerch, Early & Brewer

Preparing for Possible New Changes to Federal OT Regulations: What Employers Need to Know

Lerch, Early & Brewer on

The Department of Labor, on August 30, 2023, proposed changes to the so-called “white collar” exemptions to the federal overtime regulations. If adopted and implemented, the proposed changes would result in millions of...more

Littler

Will the FLSA Regulations for Exempt Employees Apply to Puerto Rico Operations?

Littler on

On August 30, 2023, the United States Department of Labor, Wage and Hour Division, released a Notice of Proposed Rulemaking (NPRM) to update and revise the regulations under the federal Fair Labor Standards Act regarding...more

FordHarrison

DOL's New Proposed Overtime Rule Would Drastically Increase the Salary Threshold for the White Collar Overtime Exemption

FordHarrison on

Executive Summary: Under a new proposed rule from the U.S. Department of Labor (DOL), released on August 30, 2023, more than 3.4 million workers would be newly eligible for overtime pay unless employers pay a much higher...more

Ballard Spahr LLP

U.S. DOL Proposes Rule to Extend Overtime Pay For Millions of Workers

Ballard Spahr LLP on

On August 30, 2023, the U.S. Department of Labor proposed revisions to section 13(a)(1) of the Fair Labor Standards Act FLSA), which would result in millions of workers who are now exempt from overtime requirements being...more

Epstein Becker & Green

DOL Announces Much-Anticipated Proposal to Increase Minimum Salary for Executive, Administrative, and Professional Employees to at...

Epstein Becker & Green on

On August 30, 2023, in one of the U.S. Department of Labor’s most highly anticipated rulemakings of the year, the Wage and Hour Division announced the details of its forthcoming Notice of Proposed Rulemaking regarding the...more

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