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Fifth Circuit vacates DOL regs regarding tipped employees

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

USDOL finalizes new increases in minimum salaries for white-collar exemptions

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

DOL issues Final Rule on independent contractors under the FLSA

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

USDOL proposes to expand minimum wage, OT protections by increasing minimum salaries for White Collar exemptions

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

Is this lawsuit crazy smart, or just crazy?

Are customers who use self-checkout entitled to be paid for it? NOTE FROM ROBIN: At least one California lawyer thinks so. He recently filed a lawsuit contending that his client, a supermarket customer, and other...more

Trump’s Independent Contractor Regs Are In Place . . . For Now.

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

DOL Issues Final Rule Changing FLSA Tip Credit Regulations

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

Second Shoe Drops On Trump “Joint Employer” Regulations Under FLSA

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

Virginia Is For Lovers . . . Of Overtime Litigation

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

DOL Proposed Rule Would Limit Application Of FLSA Tip Credit

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

Biden DOL Proposes To Dismantle Trump regs On Tipping, FLSA

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

Department Of Labor Announces Final Rule On Independent Contractor Status Under The FLSA

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

New Regulations Expected To Expand Applicability Of OT Exemption For Commissioned Retail Sales Workers

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

What Employers Need To Know About The New Overtime Exemption Regulations

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

Is Wage And Hour’s New PAID Program A “Win-Win”? That Remains To Be Seen.

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

Obama Overtime Rule Is Declared Invalid – For Good? (Let’s Hope.)

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

New York City Retailers, Get Ready To Change Your Employee Scheduling Practices

In an apparent effort not to be outdone by the cities of San Francisco and Seattle, the New York City Council has approved a package of bills that are collectively being referred to as the “Fair Work Week” laws. Fairness,...more

U.S. Department Of Labor Withdraws Obama Guidance On Independent Contractors, Joint Employment

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

Employers Can Breathe A Sigh Of Relief Come December 1: Court Strikes Down Overtime Rule

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

Labor and Employment Law in a Trump Administration

How will employers fare under a Trump Administration? We’ve asked for comment from the thought leaders and heads of the practice areas that are likely to be affected the most. Affirmative Action/OFCCP Compliance Will...more

Retailer - Summer 2016

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

Fast Food Employers In The Empire State: 10 Wage-And-Hour Issues On The Horizon

Employers across New York State will be ringing in the new year with wage increases — particularly those in the hospitality industry, who face additional increases for qualifying "fast food" workers. This update summarizes...more

D.C. Wage Theft Prevention Act Goes Live

On February 26, the District of Columbia’s new Wage Theft law became effective after a period for review by the U.S. Congress expired without any action being taken....more

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