In the wake of the impeachment proceedings, the State of the Union, the Administration’s budget proposal, and the initial rounds of the battle to see who gets the Democratic Presidential nomination, it’s been pretty quiet on...more
2/21/2020
/ #MeToo ,
Cannabidiol (CBD) oil ,
Department of Transportation (DOT) ,
Federal Labor Laws ,
Impeachment ,
Labor Law Violations ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Political Campaigns ,
Political Candidates ,
Presidential Elections ,
Regulatory Agenda ,
Rest and Meal Break ,
Sexual Harassment ,
State Labor Laws ,
Trucking Regulations ,
Trump Administration ,
Wage and Hour
Electronic H-2B Notifications Coming Soon. The Departments of Labor and Homeland Security issued a final rule modernizing the recruitment requirements under the H-2B program. Specifically, the Departments have eliminated the...more
11/18/2019
/ Apprenticeships ,
Congressional Investigations & Hearings ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Federal Labor Laws ,
H-2B ,
Job Ads ,
Minimum Salary ,
Minimum Wage ,
Paid Leave ,
Reporting Requirements ,
State Labor Laws ,
Trump Administration
Seyfarth Synopsis: The U.S. Department of Labor announced its final rule updating and revising the regulations issued under the Fair Labor Standards Act (FLSA) regarding the earnings thresholds necessary to exempt executive,...more
9/25/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
Earlier last week, the comment period ended for the U.S. Department of Labor, Wage & Hour Division’s proposed rule increasing the salary threshold for the FLSA’s white collar exemption. The proposal received more than...more
Seyfarth Synopsis: In the latest chapter in the ongoing saga of the U.S. Department of Labor’s efforts to increase the salary threshold required for most white-collar exemptions, on March 7, 2019, the Department announced a...more
3/13/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
NPRM ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Wage and Hour ,
White-Collar Exemptions
Since 2015, we have been following the saga of the salary threshold for the FLSA’s white-collar exemptions (most of them, at least). ...more
The Department of Labor issued its Fall 2018 regulatory agenda, and the Wage & Hour Division is front and center....more
Remember that time when the Wage & Hour Division published a final rule increasing the minimum salary level for the white-collar exemptions to $47,476 per year? And then a court enjoined the rule from going forward? And...more
Seyfarth Synopsis: On Thursday afternoon, a federal judge in Texas issued an order officially invalidating the U.S. Department of Labor’s 2016 overtime rule, which would have more than doubled the minimum salary level for...more
On July 26, 2017, the U.S. Department of Labor will publish its anticipated Request for Information on the White-Collar Overtime Exemption in the Federal Register. The RFI will give the regulated community 60 days to provide...more
Seyfarth Synopsis: On June 30, the Department of Labor filed its reply brief to support its appeal from a preliminary injunction that enjoined the DOL from implementing its 2016 revisions to the salary-level tests for...more
Seyfarth Synopsis: On June 30, the Department of Labor filed its reply brief to support its appeal from a preliminary injunction that enjoined the DOL from implementing its 2016 revisions to the salary-level tests for...more
At last, the federal government has filed its reply brief in the Fifth Circuit concerning its appeal from a Texas district court’s order preliminarily enjoining the 2016 revisions to the FLSA’s executive, administrative, and...more
Yesterday, the DOL’s Wage & Hour Division (WHD) sent its anticipated Request for Information (RFI) on the overtime rule to the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA). Review of...more
During his Wednesday hearing before a House Appropriations Subcommittee, in which he addressed the Trump Administration’s proposed budget for DOL, Secretary Alexander Acosta informed the committee that the Department planned...more
Today marks just over a month since Donald Trump was elected as the next President of the United States. As each cabinet appointment is announced, we get more clues to help us predict which direction the Trump...more
12/13/2016
/ Affordable Care Act ,
Alternative Minimum Tax ,
Americans with Disabilities Act (ADA) ,
Cadillac Tax ,
Capital Investments ,
Capital Markets ,
Clean Power Plan ,
Clean Water Rule ,
Climate Action Plan ,
Coal Industry ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Taxes ,
Cross-Border Transactions ,
Cuba ,
DACA ,
DAPA ,
Defense Contracts ,
Department of Labor (DOL) ,
Deregulation ,
Dodd-Frank ,
EB-5 ,
Employer Mandates ,
Employment Eligibility Verification ,
Endangered Species Act (ESA) ,
Energy Policy ,
Environmental Protection Agency (EPA) ,
Executive Compensation ,
Exports ,
F-1 Visa ,
Foreign Subsidiaries ,
Form I-9 ,
Free Trade Agreements ,
Groundwater ,
H-1B ,
Healthcare Reform ,
Immigration Reform ,
Iran Sanctions ,
L-1 ,
Lending ,
Loans ,
Medicare ,
Minimum Salary ,
Multinationals ,
Paris Agreement ,
Popular ,
Presidential Elections ,
Renewable Energy ,
Repatriation ,
Repeal ,
Securities and Exchange Commission (SEC) ,
STEM ,
Tax Credits ,
Tax Deductions ,
Tax Rates ,
Tax Reform ,
Trans-Pacific Partnership ,
Trump Administration ,
Unpaid Overtime ,
US Army Corps of Engineers ,
USCIS ,
Venture Capital
As the nation waited for the final states to be called in the early morning hours on Tuesday, we here at the Wage & Hour Litigation Blog focused on our one thing: what impact would the result have on the DOL’s overtime...more
Two lawsuits related to the Department of Labor’s revisions to the white-collar exemptions have been filed in East Texas.
The first lawsuit, citing (among other things) the severe impact the impending salary increase...more
9/21/2016
/ Administrative Procedure Act ,
Attorney General ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Preliminary Injunctions ,
State and Local Government ,
State Budgets ,
Statutory Authority ,
Tenth Amendment ,
TRO ,
White-Collar Exemptions
Today, the Department of Labor’s long-awaited revisions to the Fair Labor Standards Act’s white collar exemption will be announced. Although there certainly will be additional nuance identified once the entire package has...more
Pinning down a publication date for the DOL’s final revisions to the white-collar exemption rules has proven difficult to anyone outside of the agency’s headquarters. Sometimes, the answer seems to elude even those inside the...more
As you have no doubt heard, the Department of Labor’s Wage & Hour Division (“WHD”) has proposed revisions to the regulations defining which of your white-collar employees qualify as exempt from the Fair Labor Standards Act’s...more
7/31/2015
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Poor Job Performance ,
Primary Duty Test ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions