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Supreme Court Will Consider Whether Employers Have Heightened Burden for Demonstrating Overtime Exemption

On June 17, 2024, the Supreme Court of the United States decided to hear a wage and hour case concerning whether employers must meet a higher burden of proof to demonstrate that workers are exempt from the minimum wage and...more

2024 Midyear State and Local Minimum Wage Increases

Several state and local minimum wage rates will soon increase, beginning on July 1, 2024. This article provides the state and major locality minimum wage increases for mid-2024 only, along with related changes in the minimum...more

Business Groups File Lawsuit to Block DOL’s Raised Salary Thresholds for White Collar Overtime Exemptions

On May 22, 2024, more than a dozen business groups and a company filed a lawsuit seeking to block the U.S. Department of Labor’s (DOL) new final rule that significantly raises the minimum salary thresholds for the Fair Labor...more

DOL Finalizes Substantial Increase to Salary Threshold for FLSA White Collar Exemption

On April 23, 2024, the U.S. Department of Labor (DOL) unveiled a new final rule that will significantly raise the minimum salary threshold to qualify for certain overtime exemptions under the Fair Labor Standards Act (FLSA),...more

2024 State and Major Locality Minimum Wage Updates

Almost half of the states, and several major localities, will increase their minimum wage rates in 2024, with a majority of the changes effective on January 1, 2024. The table below lists state and certain major locality...more

Midyear 2023 State and Major Locality Minimum Wage Increases

Several state and local minimum wage rates will soon increase, beginning on July 1, 2023 (with some increases taking place during other months in the summer and fall). This article presents the state and major locality...more

State and Major Locality Minimum Wage Updates for 2023

Several state and local minimum wage rates will increase in 2023, with a majority of the changes effective on January 1, 2023. The following chart lists state and certain major locality minimum wage increases for 2023—and...more

DOL Proposes New Multifactor Rule for Determining Independent Contractor Status

​​​​​​​On October 11, 2022, the U.S. Department of Labor (DOL) unveiled a new proposed rule that could make it more difficult for workers to be classified as independent contractors under the Fair Labor Standards Act (FLSA)....more

The Latest in Multi-Jurisdictional Compliance With Employment Application Laws

A growing number of states and municipalities are restricting the types of inquiries employers can make during hiring, creating concerns with what employers can include or must include on job applications and job postings. ...more

Multi-Jurisdictional Compliance: 3 FAQs on State Wage and Hour

Compliance with state wage and hour laws is on the forefront of the mind of just about every employer, particularly as employees are looking for more flexibility in their work schedules since the pandemic. Ogletree Deakins’...more

Midyear 2022 State and Major Locality Minimum Wage Increases

Several state and local minimum wage rates will increase in the latter half of 2022, with most of these changes effective on July 1, 2022. Increases to minimum wage rates for nonexempt employees and tipped employees in...more

Minimum Wage Increases in 2022: A Chart of Upcoming Changes and Interactive Map

In 2022, while the federal minimum wage will remain at $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees, several states’ minimum wage rates will increase. The chart below lists the state (and...more

Department of Labor Delays Effective Date of Regulations on Independent Contractors and Tips

On February 5, 2021, the U.S. Department of Labor (DOL) published notices in the Federal Register of its proposed delay of the effective dates of the Trump administration’s regulations addressing independent contractor...more

2021 State Minimum Wage Increases

Several states’ minimum wage rates will increase in 2021. The following chart lists the state (and certain major locality) minimum wage increases for 2021 - and future years, if available - along with the related changes in...more

The New Retail and Service Exemption: DOL Revokes Outdated Lists

Effective with the May 19, 2020, publication in the Federal Register, the U.S. Department of Labor’s (DOL) Wage and Hour Division revokes the arbitrary lists it created in 1961 identifying industries that may, or would not,...more

Wage and Hour Roundup: Using “Relief” Workers During the COVID-19 Crisis

As COVID-19 continues to remain a critical issue across the country, an increasing number of employers that are allowed to remain open despite shelter-in-place orders may be experiencing staffing shortages. This is because...more

The FFCRA: DOL Releases Additional Guidance Regarding the Small Business Exemption

On March 28, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division released an updated set of Questions and Answers (Q&As) that provide additional guidance concerning how employers may take advantage of the small...more

The Families First Coronavirus Response Act: Department of Labor Releases Preliminary Guidance for Employers and Employees

On March 24, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued preliminary guidance for employers and employees concerning the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the Emergency...more

New Year Brings New Opinion Letters From DOL’s Wage and Hour Division

On January 7, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued three opinion letters, two of which concerned the Fair Labor Standards Act (FLSA). (The other dealt with the Family and Medical Leave Act...more

New Year, New Minimum Rates: State-by-State Minimum Wage Updates for 2020

In 2020, a number of states’ minimum wage rates will increase. The following chart lists the states’ (and certain major localities’) minimum wage increases for 2020 - and future years if available - along with the related...more

DOL Issues Fluctuating Workweek Proposal Permitting Employers to Include Bonus Pay When Calculating Overtime

On November 4, 2019, the U.S. Department of Labor (DOL) announced its notice of proposed rulemaking (NPRM) that would give employers more flexibility in the way they calculate overtime pay for workers with inconsistent...more

The Letters Keep Rolling In: DOL Issues 3 More FLSA and FMLA Opinions

On August 8, 2019, the U.S. Department of Labor announced that it issued three new opinion letters. The letters cover issues related to the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA). ...more

WHD Issues New Opinion Letter: Compensability of Time Spent in Employer-Sponsored Community Service Program

On March 14, 2019, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued two new opinion letters addressing compliance under the Fair Labor Standards Act (FLSA). The first opinion letter addresses wage...more

State-by-State Minimum Wage Updates for 2019 and Beyond

In 2019, a number of states’ minimum wage rates will increase. The below chart summarizes the rates that will increase for certain states (and several localities) at any time during 2019, including all state changes that will...more

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