News & Analysis as of

Wage and Hour The United States Department of Labor

The DOL's 2016 Proposed Overtime Rule Under the Trump Administration: Reading the Tea Leaves

by Baker Donelson on

The Department of Labor's Fair Labor Standard Act (FLSA) Overtime Rule was slated to take effect on December 1, 2016. The new regulations would have extended the rights to overtime compensation to millions of additional...more

Fate Of Enjoined White Collar Overtime Rule Still Undecided: Unlikely To Defend Obama Administration Rule, The Trump...

Under the Fair Labor Standards Act (“FLSA”), minimum wage and overtime requirements do not apply to any employee covered by the “white collar” exemption. To be considered a white collar worker under that exemption, the FLSA...more

Appeal of FLSA Overtime Regulations Faces Further Delay

It may seem hard to believe, but it was nearly five months ago that a federal district court entered a nationwide preliminary injunction halting the U.S. Department of Labor’s new Fair Labor Standards Act regulations on the...more

Government Seeks Another Delay on DOL’s Overtime Rule

by Jackson Lewis P.C. on

The government has asked for another delay in submitting its final brief to the Fifth Circuit Court of Appeals regarding the DOL’s Final overtime rule, which raised the salary level for the white collar exemptions from...more

The War on Employee Misclassification: Will Trump Call a Cease Fire?

by LeClairRyan on

During its two terms, the Obama Administration declared war on misclassification of employees as independent contractors. The U.S. Department of Labor (DOL) issued additional guidance on the proper classification of workers....more

4th Circuit Sets Forth Test for Determining What Constitutes “Joint Employer” for FLSA Purposes

by PilieroMazza PLLC on

In a pair of recent cases, the U.S. Court of Appeals for the 4th Circuit (which hears appeals from the federal courts of Maryland, Virginia, West Virginia, North Carolina and South Carolina) has set forth what will hereafter...more

Employment Law Navigator – Week in Review: April 2017 #2

by Zelle LLP on

Last Tuesday was Equal Pay Day, which highlights the gender pay gap. It marks how far into the new year women must work to earn what men made in the previous year. In other developments focused on pay practices, the U.S....more

Agency First! – CBCA Refuses Jurisdiction over Contractor’s Challenge of Wage Rate Adjustments Despite Final Decision from...

by Bass, Berry & Sims PLC on

On March 31, 2017, the United States Civilian Board of Contract Appeals (CBCA) dismissed a contractor’s claims against the Department of Veterans Affairs (VA) for a lack of jurisdiction, stating that the contractor should...more

Waiting Game: Future of Proposed "White Collar" Rules Remains Uncertain

There is still no decision on when—or if—the proposed “white collar” regulations will go into effect. On November 22, 2016, a federal court in Texas issued an order that blocked the U.S. Department of Labor’s (“DOL”) proposed...more

Colorado Court Sends Shepherds’ Wage-Fixing Antitrust Suit Out to Pasture

Defendants in a putative class action lawsuit alleging wage fixing antitrust claims no longer need to count sheep to rest easily. A district court judge in Colorado recently denied plaintiffs’ request for leave to amend,...more

It's Time To Authorize Private FLSA Releases

by Fisher Phillips on

Employers sometimes discover that, due to mistake, inadvertence, misunderstanding, or a lack of knowledge, they have not paid all of the wages required under the federal Fair Labor Standards Act. In many instances, this does...more

Tip Pooling by Restaurant Owners-Remains in Flux

by Goulston & Storrs PC on

Restaurant owners with tipped employees should take note of several recent court cases which may affect their ability to cause restaurant employees to participate in “tip pooling,” particularly in instances where...more

Joint Employer Relationship Between Contractors and Subcontracts Redefined by a Federal Appeals Court

by Best Best & Krieger LLP on

Sweeping changes were made recently by a federal appeals court to the joint employer standard under the Fair Labor Standards Act that make it difficult for a contractor to avoid being considered a joint employer with its...more

Connecticut Supreme Court Holds Restaurant-Employer May Not Use ‘Tip Credit’ for Delivery Drivers

by Jackson Lewis P.C. on

Finding the Connecticut Department of Labor regulations on tip credit are “not incompatible” with the state tip credit law, the Connecticut Supreme Court has ruled that an employer’s pizza delivery drivers are not subject to...more

10 habits of highly effective HR professionals (April Fool’s edition)

DEAR READERS: Before you accuse me of legal malpractice, take a look at tomorrow’s date. Habit 1: Discriminate, retaliate, harass — have a ball! There’s a new sheriff in town, with a more employer-friendly,...more

Whatever Happened to Those New FLSA Overtime Regulations? A Status Update

For much of 2016, employers and HR professionals were focused on preparing for the new Fair Labor Standards Act white-collar overtime exemption regulations. The Department of Labor issued the final regulations on May 18,...more

Federal Court In Illinois Rules Online Retailer Of Event Tickets Qualifies As “Retail Establishment” Under Section 207(i) Of The...

by Jackson Lewis P.C. on

An online ticket broker that sells tickets to concerts, sporting events, and the theater qualifies as a “retail or service establishment” under Section 207(i) of the Fair Labor Standards Act (“FLSA”), Judge John Lee of the...more

It Ain’t Over Till It’s Over – California Bill Would Increase Overtime Exemption Salary Threshold

by Fisher Phillips on

Employers nationwide breathed a collective sigh of relief when a federal district court judge in Texas enjoined the U.S. Department of Labor’s (USDOL’s) implementation of new minimum salary threshold requirements for the...more

Notes From Acosta Confirmation Hearing

by Fisher Phillips on

U.S. Labor Secretary candidate Alexander Acosta's March 22 appearance before the Senate's Health, Education, Labor & Pensions Committee produced some interesting interchanges having to do with matters relating to the federal...more

Wait! Did the Fourth Circuit Just Define FLSA Joint Employment More Broadly Than Obama’s DOL?

by Seyfarth Shaw LLP on

Employers have no doubt been paying close attention to the future of the joint employer doctrine, which was a focus of change and expansion for DOL leadership during the Obama administration. With a new administration in...more

 Be Careful About Signing USDOL Back-Wage Summaries

by Fisher Phillips on

When U.S. Department of Labor Wage and Hour Division investigators conclude that back-wages are due under the federal Fair Labor Standards Act or another law the Division enforces, typically they present to the employer a...more

Senate HELP Committee Holds Confirmation Hearing for Nominee Acosta to Head Labor Department

by Jackson Lewis P.C. on

The Senate Health, Labor and Pensions (HELP) Committee on March 22, 2017, held confirmation hearings on the nomination of R. Alexander Acosta, President Donald Trump’s pick for Secretary of Labor. Acosta was introduced...more

How to Avoid Disney’s Not-So-Fairy Tale $3.8 Million Payment of Employee Back Wages

by Genova Burns LLC on

On Friday, March 17, 2017, the U.S. Department of Labor (“DOL”) and two subsidiaries of The Walt Disney Co. (“Disney”), the Disney Vacation Club Management Corp., and the Walt Disney Parks and Resorts U.S. Inc., reached an...more

Employment Law Navigator – Week in Review: March 2017 #3

by Zelle LLP on

Last week, Quartz reported on a new academic study about gender-based differential treatment in the finance industry. According to the study, women working as financial advisors are 50% more likely than men to lose their...more

Department of Labor Overtime Regulations on Hold

On March 13, 2014, President Obama signed a presidential memorandum that directed the Department of Labor to devise new overtime rules that would make millions of employees eligible for time-and-half pay for overtime hours of...more

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