Wage and Hour

News & Analysis as of

Labor Commissioner Finds Uber Driver To Be Employee, Not Independent Contractor

On June 3, 2015, the California Labor Commissioner determined that an Uber driver, Barbara Ann Berwick, was considered an employee of Uber, not an independent contractor. As such, she was entitled to reimbursement in the...more

DOL Releases Proposed Amendments to FLSA Overtime Regulations: Now is the Time to Reassess Compliance and Update Your Policies

The Department of Labor (DOL) has just released its proposed amendments to the white collar exemption under the Fair Labor Standards Act (FLSA). The amendments, if passed, will significantly increase the minimum salary test...more

New Wage And Hour Laws Go Into Effect On July 1

Before you fire up the grill to celebrate Independence Day, this is a reminder that a number of important laws passed by local and state governments around the country become effective July 1. The Fast Laner previously...more

How Retailers Can Navigate the New White-Collar Overtime Rules: Turning Legal Change Into Business Opportunity

The Department of Labor’s proposed revisions to the Fair Labor Standards Act’s overtime exemptions will impact the American workplace—and especially the retail workplace—as much as any legal development in the past decade. ...more

Second Circuit Teaches Unpaid Interns a Lesson

In a closely watched case affecting the viability of unpaid internship programs at for-profit employers, the Second Circuit held that the “primary beneficiary” test should be used to decide whether interns should be deemed...more

DOL Issues New Proposed Overtime Regulations

On June 30, 2015, the U.S. Department of Labor released long-awaited proposed regulations designed to modify the criteria for determining whether employees fall within the scope of the exemptions to the Fair Labor Standards...more

FLSA Wage Increase

President Obama announced this week a proposed rule change to the Fair Labor Standards Act (“FLSA”) that will affect every business. The proposed rule change will increase the minimum required salary for employees to qualify...more

The DOL Announces Proposed Revisions to FLSA Regulations Doubling the Minimum Salary Requirement for Exempt Employees

More than 15 months after President Obama issued a Presidential Memorandum directing the Secretary of Labor “to propose revisions to modernize and streamline the existing [FLSA] overtime regulations,” the Department of Labor...more

Cracking the Overtime Code, Part I

If there is one law that gives employers fits—including physician practices—it is the Fair Labor Standards Act, the federal minimum wage, and overtime law. The FLSA, as it is commonly known, was passed in the 1930s. In...more

Unpaid Intern v. Employee Classification Analysis Must Look at Who is Primary Beneficiary of Relationship, Second Circuit Holds

The Second Circuit struck a blow today to individuals pursuing collective/class actions alleging that unpaid interns should be classified as employees. The Court announced an employer-friendly test that asks who benefits...more

“Black Swan” Internship Case Creates New Obstacles For Employers In California

In California, internships have always been viewed as a trade-off between prestigious employers and young students looking to get a foot in the proverbial door. College students and graduates looking for highly-coveted...more

DOL Issues Proposed Rule That Would Require Employers to Pay Overtime to Currently-Exempt Salaried White-Collar Employees Who Earn...

On June 30, 2015, the U.S. Department of Labor (“DOL”) announced a long-awaited Proposed Rule which will, if/when finalized, dramatically raise the minimum salary threshold for salaried exempt employees under the Fair Labor...more

First look at the Department of Labor's proposed overtime regulation

After President Obama announced in an op-ed on Monday that it was coming soon, the US Department of Labor's Wage & Hour Division published its long-awaited proposed overtime regulation. This proposed regulation addresses the...more

DOL Proposes to Raise Minimum Salary for White Collar Exemptions

The Department of Labor announced a proposed rule that would raise the minimum salary for the white collar exemptions under the Fair Labor Standards Act (FLSA) from its current level of $455 per week ($23,660 annually) to...more

DOL Issues New Proposed FLSA Overtime Regulations

At long last, on Tuesday, June 30, the Department of Labor released its Notice of Proposed Rulemaking seeking public comment on proposed changes to the Fair Labor Standards Act’s  “white collar” overtime exemption...more

Comment Period on New Overtime Proposal to End Early September, Say DOL Officials

In a conference call held on Wednesday morning, Labor Secretary Thomas Perez and Wage and Hour Administrator David Weil fielded questions about the recently released proposal to revise the Fair Labor Standards Act overtime...more

Proposed White Collar Overtime Rules Released

The U.S. Department of Labor (DOL) released its long-awaited Notice of Proposed Rulemaking (NPRM) to alter the overtime provisions of the Fair Labor Standard Act (FLSA) regulations on Tuesday, June 30. A copy of the NPRM is...more

USTA Aces Misclassification Case Before Second Circuit

With Wimbledon in full swing, and the U.S. Open just a few weeks away, the Second Circuit awarded game, set and match to the U.S. Tennis Association in a challenge to the independent contractor status of the tournament’s...more

Newly Released Proposed Overtime Regulations Estimated to Make 5 Million Workers Eligible for OT

We noted last year that the Obama Administration had directed the United States Department of Labor (DOL) to review and amend the so-called “white collar” exemptions to the overtime requirements of the Fair Labor Standards...more

A Review of the Supreme Court’s 2014 - 2015 Term

During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in...more

DOL Raises Pay for Some Exempt Status Employees - Employers Will Need to Pay Overtime Wages to More White Collar Employees

On June 30, 2015, the U.S. Department of Labor (DOL) released a proposed rule updating overtime regulations for executive, administrative and professional employees (commonly referred to as white collar employees). The DOL...more

DOL Issues Proposed Revisions to FLSA Overtime Exemption Regulations

The proposal seeks to significantly increase the salary level needed to qualify as exempt under the FLSA’s white collar standard and highly compensated exemptions. On June 30, the US Department of Labor (DOL) announced...more

Department of Labor Proposes New Regulations Regarding “White Collar” Exemptions Under the Fair Labor Standards Act

On June 30, 2015, the United States Department of Labor (“DOL”) released a proposed rule which, if implemented, will alter the minimum salary threshold for the so-called “white collar” exemptions to the minimum wage and...more

Proposed DOL Rule Seeks to Require the Provision of Overtime Pay to Millions of Additional Employees

The Department of Labor (DOL) has announced a proposed rule that would amend the executive, administrative and professional exemptions under the Fair Labor Standards Act (FLSA). The exemptions exclude workers in such...more

The Much-Anticipated Proposed Overtime Regulations Would Extend Overtime Protection to Nearly 5 Million Workers in 2016

The U.S. Department of Labor (“DOL”) announced a much-anticipated proposed rule that, among other things, more than doubles the salary threshold required for an employee to qualify as exempt from overtime pay under Fair Labor...more

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