News & Analysis as of

Wage and Hour The United States Department of Labor

Restaurant Industry Headed To U.S. Supreme Court Over Tipping Practices

by PilieroMazza PLLC on

In 2014, the U.S. Department of Labor (“DOL”) Wage and Hour Division launched an aggressive enforcement initiative aimed at ensuring companies in the restaurant and food service industry comply with the federal minimum wage,...more

Fenwick Employment Brief - Summer 2017 Update

by Fenwick & West LLP on

California Legislative and Agency Update - Read about the latest California cities to increase hourly minimum wages, newly expanded transgender protections, criminal background check limitations and other changes in...more

Department of Labor Releases a Request for Information Seeking Public Comment on Overtime Regulations

by Clark Hill PLC on

President Donald Trump's Department of Labor ("DOL") issued a public Request for Information ("RFI") seeking comments on what, if any, increase it should make to the minimum salary requirement of the white collar exemptions....more

Overtime Update

What happened to the Obama administration’s proposed new rule on employee eligibility for overtime pay? Seven months into the Trump administration, do we know what to expect? Recent events provide some clarity on these...more

Employers Struggle With Overtime Classification of Skilled Service Technicians

Over the past several years, we have received multiple inquiries from employers confronted with claims that they have misclassified service technicians as exempt from the overtime requirements of the Fair Labor Standards Act...more

Cutting Through The Half-Time Murk In "Failed Exemption" Cases

by Fisher Phillips on

How does one calculate overtime pay due to plaintiffs who were erroneously treated as "white collar" employees exempt from the federal Fair Labor Standards Act's minimum-wage and overtime requirements? Court decisions...more

NC “Employee Classification” Law Warrants Caution But Doesn’t Change Substantive Law

On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31....more

Déjà Vu: DOL Argues It Has Authority to Set Overtime Salary Threshold, Requests Input to Create New OT Rule

by Baker Donelson on

As many readers know, the Department of Labor's changes to the "white collar" or "EAP" exemption under the Fair Labor Standards Act have been one of the most publicized and impactful employment law issues of the last year. A...more

Food and Beverage Law Update: August 2017

by Holland & Knight LLP on

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

Employment Law - August 2017

Deferred Vacation Policy Lawful, California Appellate Court Rules - Why it matters - A vacation policy that employees do not begin to earn vacation time until after their first year of employment is lawful, the...more

Another USDOL Audit Of Gas Stations Yields Big Dollars For Employees

by Fox Rothschild LLP on

There have been many investigations of gas stations by the US Department of Labor. Like other retail industries, these businesses sometimes work their employees long hours for a set salary or lump sum of money. The problem is...more

Wage and Hour Update: DOL Proposes Changes to FLSA Tip-Pooling Rule

On July 20, 2017, the U.S. Department of Labor (“DOL”) announced that in August it plans to propose rescinding current restrictions on tip-pooling by employers who pay tipped employees the full minimum wage directly. Under...more

Uncle Sam Wants You . . . To Tell Him a Little About Overtime

by Hinshaw & Culbertson LLP on

Under a 2016 Final Rule, the Department of Labor (DOL), under the Obama administration, pushed federal regulations under the Fair Labor Standards Act (FLSA) that would have more than doubled the “threshold” under which nearly...more

The Return of Wage & Hour Opinion Letters

by Burr & Forman on

Employers with fact-specific questions arising under the Fair Labor Standards Act (“FLSA”), the Family Medical Leave Act (“FMLA”), and other federal wage and hour laws may once again seek guidance directly from the U.S....more

Pre-Litigation FLSA Settlements Don’t Require Court Or DOL Approval, New York Federal Court Holds

by Jackson Lewis P.C. on

In a case of first impression in the Second Circuit, a court in the U.S. District Court for the Southern District of New York has held private settlements under the FLSA entered into prior to a lawsuit being filed do not...more

DOL Calling for Input: At What Salary Should A Worker Be Exempt From Overtime?

by Akerman LLP - HR Defense on

Now that the Department of Labor has gone back to the drawing board with the new regulation that set a $47,476 threshold salary for white collar employees to be exempt from overtime, it would like to hear from you....more

Compliance with Executive Order 13706 – Paid Sick Leave for Federal Contractors

Executive Order (“EO”) 13076, signed by President Barack Obama on September 7, 2015, established paid sick leave for federal contractors. Specifically, this EO requires certain parties that contract with the Federal...more

Will Dealerships And Third-Party Detailers Continue To Face Increased DOL Scrutiny?

by Fisher Phillips on

During the Obama administration, the U.S. Department of Labor (DOL) placed special emphasis on scrutinizing the alleged misclassification of independent contractors and joint employer relationships. Dealerships were notably...more

Where Do The Proposed Federal Overtime Rule Changes Stand?

by Shipman & Goodwin LLP on

As you may recall from some of the prior posts here, employers scrambled to address the Department of Labor’s changes to the salary threshold for white collar exemptions under the Fair Labor Standards Act. That change would...more

Possible October Oral Arguments In Exemption Appeal

by Fisher Phillips on

The Fifth Circuit U.S. Court of Appeals has "tentatively" scheduled oral arguments for the week of October 2, 2017 regarding the U.S. Department of Labor's efforts to overturn last November's preliminary injunction blocking...more

The Employment Law Authority - July/August 2017

THE TIME IS RIGHT FOR . . . OSHA’S YEARLY SUMMER HEAT CAMPAIGN - On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: Water. Rest. Shade....more

Can We Finally Retire the Notions of Construing The FLSA’s Overtime Provisions Broadly But Its Exemptions Narrowly?

by Seyfarth Shaw LLP on

As our readers saw earlier this week, the Ninth Circuit recently issued a decision in McKeen-Chaplin v. Provident Bank, turning the traditional administrative vs. production dichotomy of the administrative exemption on its...more

I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez

by Cozen O'Connor on

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode provides an update on the DOL's significant Request...more

H&W is Increasing and Includes Offsets for Mandated Sick Leave. What Now?

by PilieroMazza PLLC on

Effective August 1, 2017, the Service Contract Act (“SCA”) health and welfare (“H&W”) benefit amount increased from $4.27 per hour to $4.41 per hour. See, Department of Labor (“DOL”) All Agency Memorandum Number 225, issued...more

Oral Argument On Overtime Rule Appeal Scheduled For October 2nd

by Jackson Lewis P.C. on

The Fifth Circuit Court of Appeals tentatively has set oral argument for October 2nd on the Obama-era overtime pay rule that has been blocked from government enforcement by a federal district court in Texas since last...more

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