On August 23, 2024, the Fifth Circuit Court of Appeals struck down a final rule promulgated by the Department of Labor (“DOL”) restricting when employers could take a tip credit for tipped employees under the Fair Labor...more
8/29/2024
/ Administrative Agencies ,
Chevron Deference ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
As we previously reported, the Department of Labor (“DOL”) issued a Final Rule adjusting the minimum annual salary that an employee must be paid to qualify for the executive, administrative, and professional (“EAP”)...more
8/9/2024
/ Compliance ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Pending Legislation ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
On April 23, 2024, the Department of Labor (“DOL”) issued its widely anticipated Final Rule adjusting the minimum annual salary that an employee must be paid as of July 1, 2024, in order to qualify under some of the FLSA’s...more
On January 9, 2024, the U.S. Department of Labor released details of its final rule regarding the proper circumstances for independent contractor classification under the Fair Labor Standards Act (“FLSA”). On January 10,...more
1/12/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
The Department of Labor (DOL) has issued a proposed rule to increase the salary required to be “exempt” under the Fair Labor Standards Act (FLSA)....more
9/7/2023
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Proposed Rules ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Minnesota is the most recent state to enact a mandatory paid family and medical leave program, joining 11 other states and Washington D.C. in implementing paid leave laws. With a paid leave proposal being passed by the state...more
On June 13, 2023, the National Labor Relations Board (NLRB) carried on with its trend of reversing Trump-era precedent. In its 3-1 decision, The Atlanta Opera, Inc., the NLRB overturned the Trump NLRB’s 2019 decision,...more
In 2023, several jurisdictions aim to increase enforcement of wage violations. Unsurprisingly, California took the lead when Governor Newsom proposed a budget increase for California’s workplace enforcement agency....more
As the calendar turns to 2023, employers in several states are currently navigating or preparing to navigate laws mandating the provision of paid family and medical leave (“PFML”), i.e., partially paid, job-protected leave,...more
On December 21, 2022, Governor Kathy Hochul signed legislation establishing a statewide pay transparency law in New York State. The new law (S.9427-A/A.10477) requires employers to list salary ranges for all advertised jobs...more
As of November 1, 2022, New York City employers now have to comply with a new law requiring employers to include minimum and maximum salary information for jobs based in New York City. The new law, New York City Local...more
On Tuesday, October 11, 2022, the Biden Administration’s Department of Labor ("DOL") issued a proposed rule revising the agency’s approach to evaluating independent contractor status under federal wage & hour law. The...more
California employers will need to increase pay transparency beginning January 1, 2023. Governor Newsom signed Senate Bill 1162 (“S.B. 1162”) on September 27, 2022, amending California Labor Code § 432.3.
Prior to...more
Employers in approximately a dozen states and twice as many cities and counties should expect significant hikes in minimum wage rates for 2023. Many of these hikes are due to state and local laws which account for...more
On September 30, 2022, California Governor Gavin Newsom signed a new law (Senate Bill 951 or “SB951”) providing for increased benefits for workers taking paid family leave. The existing California Paid Family Leave law...more
Employers in approximately a dozen states and twice as many cities and counties should expect significant hikes in minimum wage rates for 2023. Many of these hikes are due to state and local laws which account for...more
In July, the Michigan Court of Claims invalidated the State’s current laws regarding minimum wage and sick leave. As we noted in an earlier alert, the fallout from this ruling could equate to a significant increase in the...more
A Michigan court recently held that the current versions of the state’s minimum wage and paid sick leave statutes are unconstitutional due to legislative foul play, immediately voiding the existing laws. Mothering Justice v....more
Employers in Maryland will soon have to fund and administer a new paid leave benefit to employees in the state. Last week, Maryland’s legislature overrode a veto from Governor Larry Hogan to push through the Time to Care Act,...more
On April 6, 2022, Ohio Governor Mike DeWine signed Senate Bill 47 (“SB 47”) into law, signaling significant changes to overtime exemptions in the state and restructuring the procedure by which an employee may join a...more
On October 29, 2021, the U.S. Department of Labor (“DOL”) issued its final rule outlining the circumstances under which an employer is permitted to take a “tip credit” against its wage obligation to tipped employees, paying...more
In the past few months, there have been several developments regarding California’s controversial Private Attorneys General Act (“PAGA”) and similar legislation making its way through other states.
PAGA permits workers to...more
On April 27, 2021 President Biden signed an Executive Order raising the minimum wage for federal contractors to $15 per hour by the end of March 2022. In response, and to supplement the Executive Order, the U.S. Department of...more
On June 21, 2021, the U.S. Department of Labor (“DOL”) introduced a proposed rule which, when effective, would impose increased limitations on when an employer can pay a tipped worker the “tipped minimum wage.” The proposed...more
6/23/2021
/ Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Proposed Rules ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
In the past few weeks, federal and state decisions in California regarding various employment-related claims in California, but particularly addressing California’s demanding pay statement requirements, provided helpful and...more