The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued an opinion letter addressing whether daily expense reimbursement payments can be excluded from an employee’s regular rate when calculating overtime...more
The District of Columbia’s minimum wage for all D.C. workers who do not receive tips is $17.50 per hour regardless of employer size. This rate became effective July 1, 2024 and is anticipated to increase on July 1, 2025...more
Voters in Alaska approved Ballot Measure 1, which will boost Alaska’s minimum wage and provide guaranteed sick leave to workers. First, Ballot Measure 1 increases Alaska’s minimum wage to $13.00 per hour, effective July 1,...more
12/6/2024
/ Alaska ,
Anti-Retaliation Provisions ,
Ballot Measures ,
Employees ,
Employer Liability Issues ,
Labor Regulations ,
Minimum Wage ,
New Legislation ,
Paid Sick Leave ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Missouri voters similarly approved a state ballot measure—Proposition A—that will increase the state minimum wage starting in 2025 and provide employees in the state with paid sick and safe leave. On January 1, 2025,...more
Voters in Nebraska approved a measure that will require all employers to offer employees one hour of paid sick leave for every 30 hours worked, effective October 1, 2025. The total amount of sick leave employees may accrue...more
12/5/2024
/ Employee Benefits ,
Employees ,
Employer Liability Issues ,
Healthcare ,
Labor Reform ,
Paid Leave ,
Paid Sick Leave ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On election day Massachusetts voters were given the opportunity to vote on the Fair Wage for Tipped Workers Act, a ballot measure, referred to as Question 5, that would have gradually increased pay for tipped workers until it...more
11/19/2024
/ Ballot Measures ,
Employer Liability Issues ,
Labor Regulations ,
Minimum Wage ,
State and Local Government ,
State Elections ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
In Mayfield v. United States Dep't of Labor, the U.S. Court of Appeals for the Fifth Circuit affirmed a lower court's ruling that the U.S. Department of Labor (DOL) has authority to set a minimum salary threshold for the...more
In the case of Ryan LLC v. Chamber of Commerce of the United States of America, et al., Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued an order with “nationwide effect” on August 20,...more
8/26/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employees ,
Employer Liability Issues ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Lack of Authority ,
Non-Compete Agreements ,
Regulatory Authority ,
Set-Asides ,
Statutory Authority ,
Texas
The U.S. District Court for the Northern District of Texas granted a nationwide preliminary injunction blocking certain wage rules adopted by the Department of Labor (DOL) that had expanded coverage of the Davis-Bacon Act...more
The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Cariene Cadena v. Customer Connexx LLC on July 10, 2024, reversing the U.S. District Court for the District of Nevada’s summary judgment ruling in favor of...more
The U.S. Court of Appeals for the Eleventh Circuit released its much-anticipated follow-up decision in American Alliance for Equal Rights v. Fearless Fund Management, LLC, on June 3, 2024. The case has been closely watched by...more
On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court of the United States held that an employer may violate Title VII’s anti-discrimination provisions when it transfers an employee even if the transfer did...more
4/24/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
The Federal Acquisition Regulatory Council issued a Proposed Rule, “Pay Equity and Transparency in Federal Contracting,” on January 30, 2024. The Proposed Rule would amend the Federal Acquisition Regulations (FARs), which...more
2/16/2024
/ Comment Period ,
Deadlines ,
Employer Liability Issues ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Hiring & Firing ,
Pay Equity Laws ,
Pay Transparency ,
Proposed Rules ,
Rulemaking Process ,
Salary/Wage History ,
Subcontractors ,
Wage and Hour
The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA)...more
1/17/2024
/ ABC Test ,
Classification ,
Commercial Litigation ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
New Rules ,
Rulemaking Process ,
Wage and Hour
On June 29, 2023, the U.S. Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of...more
7/6/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Equal Protection ,
Federal Contractors ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII ,
Universities
Many employers have begun using artificial intelligence (AI) tools supplied by third-party vendors. On May 18, 2023, the Equal Employment Opportunity Commission (EEOC) provided guidance indicating that, in its view, employers...more
6/1/2023
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
NIST ,
State Labor Laws ,
Technology
Recently, in Helix Energy Solutions Group v. Hewitt, the U.S. Supreme Court ruled that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In...more
3/3/2023
/ Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Minimum Salary ,
Multi-Factor Test ,
Over-Time ,
Salaried Employees ,
SCOTUS ,
Wage and Hour
Artificial Intelligence (AI) and automated systems can increase efficiency and help reduce human error. However, the National Institute of Standards and Technology (NIST), the White House, and the Equal Employment Opportunity...more
2/20/2023
/ Artificial Intelligence ,
Automation Systems ,
Bias ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
New Hires ,
NIST ,
Popular ,
Strategic Planning
The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (the Proposed Rule) on October 13, 2022, that proposes guidance on determining employee or independent contractor classification under the Fair...more
Employers who share information with competitor employers about employee compensation, including wages and benefits, face greater risks of government investigations into violations of antitrust laws. The U.S. Department of...more
9/21/2022
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Violations ,
Compensation ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Settlement ,
Unfair Competition ,
Wage and Hour
A U.S. Court of Appeals for the Eleventh Circuit panel breathed new life into the federal contractor vaccine mandate. While the panel determined that the COVID-19 vaccine mandate exceeded the president’s legal authority, it...more
9/1/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Injunctions ,
Multidistrict Litigation ,
State and Local Government ,
Statutory Authority ,
Vaccinations
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) requiring all employers with a total of 100 or more employees to mandate...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Infectious Diseases ,
Masks ,
OSHA ,
Reasonable Accommodation ,
Religious Exemption ,
Remote Working ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance related to the COVID-19 pandemic, adding a brand-new section addressing religious objections to COVID-19 vaccine...more
11/2/2021
/ Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Religious Accommodation ,
Religious Beliefs ,
Vaccinations ,
Workplace Safety
On May 27, 2021, the U.S. District Court for the District of Colorado (court) denied Rocky Mountain Association of Recruiters’ (Rocky Mountain) motion for preliminary injunction. Rocky Mountain was seeking to prevent...more
The Department of Labor (DOL) announced in May 2021 that it was withdrawing the rule called “Independent Contractor Status Under the Fair Labor Standards Act.” As anticipated, the Biden administration rescinded this Trump-era...more
5/13/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Gig Economy ,
Independent Contractors ,
Multi-Factor Test ,
Revocation ,
Trump Administration