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DOL Clarifies Daily Expense Reimbursement Payments and Exclusions from Regular Calculations for Overtime Pay

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

Texas Court Invalidates Department of Labor’s 2024 Rule On Executive, Administrative and Professional Exemptions

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

The White-Collar Wage War: Fifth Circuit Backs DOL’s Power To Set Salary Threshold

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

Ninth Circuit Holds Salary Basis Test Requires Courts to Analyze How Public Employees Are “Actually Paid”

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

Fifth Circuit Hits 0% on the Department of Labor’s Tip Credit Rule

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

OFCCP Releases New AI Guidance for Federal Contractors

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

Five Questions Companies Are Asking About DOL's New Independent Contractor Rule - Updated

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

Day-Rate Rules Result in Overtime Pay for Exempt Highly Compensated Employee

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

US Department of Labor Proposes Independent Contractor Rule

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

US Department of Labor Announces Final Rule Regarding Independent Contractors - Update

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

US Department of Labor Announces Final Rule Regarding Independent Contractors

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

New Administration Will Bring Big Changes to the Department of Labor

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

U.S. Department of Labor Issues Notice of Proposed Rulemaking on Independent Contractor/Employee Worker Classifications

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

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