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Department of Labor Issues Final Rule Raising Salary Level for FLSA ‘White Collar’ Exemptions

On April 24, 2024, the US Department of Labor (DOL) announced the highly anticipated revisions to the salary thresholds for the Fair Labor Standards Act’s (FLSA’s) “white collar” overtime exemptions. The update significantly...more

US Department of Labor Publishes Its Independent Contractor Final Rule

The US Department of Labor (DOL) published on January 10, 2024 its long-awaited Final Rule regarding independent contractor classification under the Fair Labor Standards Act (FLSA), signaling a return to its pre-2021...more

Department of Labor Proposes Raising Salary Level for FLSA ‘White-Collar’ Exemptions to $55,068

The US Department of Labor seeks to increase the salary levels needed to qualify as exempt under the Fair Labor Standards Act’s white-collar and highly compensated exemptions....more

US Department of Labor Publishes Independent Contractor Proposed Rule

The US Department of Labor published a Proposed Rule on October 13 seeking to return to applying a test that would make it more difficult for certain workers to qualify as independent contractors....more

DOL Adopts New Standard for Determining Whether Unpaid Interns Are ‘Employees’

The US Department of Labor will now apply a “primary beneficiary” test, which was previously adopted by several courts and provides greater flexibility in structuring internship programs....more

DOL Withdraws Independent Contractor and Joint Employer Guidance

The DOL’s withdrawal of two Administrator’s Interpretations likely is a harbinger of further changes to administrative agency enforcement posture under the new administration....more

NY State Prepared to Increase Salary Level for Certain Overtime Exceptions

Proposed amendments to the New York State Wage Orders significantly increase the salary levels needed for employers to qualify for the executive and administrative exceptions under the New York Labor Law....more

Texas Court Enjoins Most of DOL's New Overtime Regulations

The regulations were scheduled to go into effect on December 1. On November 22, a judge from the US District Court for the Eastern District of Texas issued an order enjoining, on a national basis, all but a few parts of...more

DOL Issues Interpretation to Expand Joint-Employer Liability

The position could expose more putative employers to potential liability under the Fair Labor Standards Act. In an Administrator’s Interpretation (AI) issued on January 20, the US Department of Labor’s (DOL’s) Wage and...more

DOL Issues Aggressive Interpretation of Independent Contractor Classification

The DOL’s new interpretation of the FLSA test for classification purports to eliminate independent contractor status for most workers and broadly expand the FLSA’s coverage. On July 15, David Weil, the Administrator for...more

DOL Proposes Survey on Independent Contractor Misclassification

The survey will involve more than 10,000 workers and carry important implications for employers, including the potential implementation of "right to know" regulations. ...more

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