As we welcome 2025, here are 10 must-read Constangy bulletins and blog posts from 2024, highlighting insights that guided our readers through important legal developments, workplace issues, and the challenges in cybersecurity...more
1/9/2025
/ Anti-Retaliation Provisions ,
Bias ,
Breach Notification Rule ,
Chief Information Security Officer (CISO) ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Trade Commission (FTC) ,
Gramm-Leach-Blilely Act ,
Green Cards ,
Immigration Procedures ,
Minimum Salary ,
NFL ,
NLRB ,
O-1 Aliens of Extraordinary Ability ,
Race Discrimination ,
Racial Bias ,
Retaliation ,
Securities and Exchange Commission (SEC) ,
SolarWinds ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
On Friday, November 15, a federal court in the Eastern District of Texas vacated the U.S. Department of Labor’s 2024 Final Rule which sought to dramatically increase the minimum salary levels required for an employee to...more
On Friday, August 23, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit vacated a Final Rule issued by the U.S. Department of Labor that sought to restrict when employers could claim a “tip credit” under...more
8/29/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Job Duties ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
The U.S. Department of Labor has issued final regulations that increase the minimum salary level needed for the white-collar exemption and the annual compensation threshold needed to be considered a Highly Compensated...more
Yesterday the U.S. Department of Labor issued a Final Rule addressing how to determine whether a worker is properly classified as an “employee” or an “independent contractor” under the Fair Labor Standards Act....more
After repeated promises and repeated delays, the U.S. Department of Labor has released proposed regulations to revise the compensation requirements of the White Collar and Highly Compensated Employee exemptions of the Fair...more
9/1/2023
/ Department of Labor (DOL) ,
EAP ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Job Duties ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Rulemaking Process ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
This week, a federal judge in Texas issued an order that effectively reinstated independent contractor regulations that were issued at the end of the Trump Administration but never took effect.
As a result of the court’s...more
Wasting no time, the Wage and Hour Division of the U.S. Department of Labor published a Final Rule on Friday that will formally withdraw regulations on tip credits that were issued in the final days of the Trump...more
On July 30, the U.S. Department of Labor published a final rule under the Administrative Procedure Act that rescinds regulatory changes that governed when “joint employer” status arises under the Fair Labor Standards Act. The...more
The Virginia Department of Labor and Industry recently released a set of Frequently Asked Questions to help clarify the Virginia Overtime Wage Act, which was signed into law by Gov. Ralph Northam (D) on March 31. The Overtime...more
7/26/2021
/ Collective Actions ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Fluctuating Workweek ,
Governor Northam ,
Motor Carrier Act ,
Non-Exempt Employees ,
Railway Labor Act ,
Rate of Pay ,
Salaried Employees ,
Statute of Limitations ,
Virginia ,
Wage and Hour
For many decades, the Fair Labor Standards Act has allowed employers of tipped employees to apply a tip credit in meeting the minimum wage obligations of the federal wage and hour law.
Currently under federal law, an...more
In a pair of proposed rules published in this morning’s Federal Register, the Wage and Hour Division of the U.S. Department of Labor has taken additional steps to derail and eventually modify regulations issued during the...more
On January 7, 2021, the U.S. Department of Labor Wage and Hour Division will publish its final rule concerning the criteria used to determine an individual’s independent contractor status under the Fair Labor Standards Act,...more
The U.S. Department of Labor issued final regulations today that are expected to expand the number of workers who are exempt from overtime requirements because (among other things) they work for a retail or service...more
Last week, the U.S. Department of Labor issued its Final Rule regarding the salary thresholds that apply to certain exempt white-collar employees. The new salary thresholds will take effect on January 1.
The DOL received...more
The Wage and Hour Division of the U.S. Department of Labor has recently announced that it will soon be implementing the “Payroll Audit Independent Determination,” or “PAID,” program. The purpose of the new program is to...more
Yesterday, U.S. District Court Judge Amos Mazzant followed up on his preliminary injunction ruling, issued last November, by rendering final judgment in favor of the business groups and state governments who had challenged...more
9/4/2017
/ Congressional Intent ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Over-Time ,
Popular ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Department of Labor announced today that it has withdrawn informal guidance issued by the Obama Administration related to independent contractors and joint employment. The guidance on independent contractors was...more
The new regulations that would have more than doubled the salary threshold for Administrative, Executive, and Professional exemptions from the minimum wage and overtime requirements of the Fair Labor Standards Act – due to...more
FLSA white-collar exemption rule has retail employers in the bulls-eye -
The U.S. Department of Labor’s new rule regarding white-collar exemptions under the Fair Labor Standards Act has a lot of employers scrambling,...more
8/9/2016
/ Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Retailers ,
Standard Duties Test ,
Timekeeping ,
Wage and Hour ,
White-Collar Exemptions