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
In a significant ruling, the United States District Court for the Eastern District of Texas has set aside a Department of Labor (DOL or Department) 2024 Rule, which sought to raise the minimum salary level for exemptions...more
12/3/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Texas ,
Vacated ,
Wage and Hour ,
White-Collar Exemptions
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
Recently, the United States Court of Appeals for the Ninth Circuit addressed whether staff nurses for the City and County of San Francisco (the City) were entitled to time-and-a-half overtime or whether the method of...more
The U.S. Court of Appeals for the Fifth Circuit recently determined that the Department of Labor (DOL) violated the Administrative Procedures Act (APA) in issuing its “Tip Credit” final regulations and vacated the final rule....more
The Office of Federal Contract Compliance Programs (OFCCP) released updated guidance for the use of artificial intelligence (AI) by federal contractors on April 29, 2024—the latest indication that federal contractors’ use and...more
5/20/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biden Administration ,
Department of Labor (DOL) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Hiring & Firing ,
New Guidance ,
OFCCP ,
Privacy Laws ,
Regulatory Oversight ,
Regulatory Requirements
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
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
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
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
On January 7, 2021, the U.S. Department of Labor (DOL) issued its highly anticipated final rule codifying its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA). The final rule comes in...more
The U.S. Department of Labor (DOL) will see significant changes under a Biden administration. However, the nature and the degree of those changes will depend heavily on how Biden fills senior roles not only at DOL but also in...more
11/13/2020
/ Biden Administration ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Independent Contractors ,
OFCCP ,
OLMS ,
OSHA ,
Pay Discrimination ,
Trump Administration
The U.S. Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) on September 22, 2020, seeking to codify the independent contractor/employee worker classifications into the Fair Labor Standards Act’s...more
9/28/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Independent Contractors ,
Misclassification ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour