On April 1, a U.S. appeals court showed that the salary basis requirement is alive and well, regardless of how highly compensated an employee might be. The decision is a reminder to businesses that simply paying a guaranteed...more
4/4/2025
/ Appeals ,
Corporate Counsel ,
Employment Litigation ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Wage and Hour
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 November 15th, a federal court vacated the DOL’s 2024 Final Rule, which would have raised the minimum salary required for EAP exemptions under the Fair Labor Standards Act. The decision is a significant win for employers...more
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
On Wednesday, the Second Department of New York’s appellate court division issued a much-anticipated ruling in Grant v. Global Aircraft Dispatch Inc., holding that Sections 191 and 198 of the New York Labor Law do not...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
The U.S. Court of Appeals for the Eleventh Circuit recently became the first federal appeals court to explicitly hold that “incentive” or “service” payments for the named plaintiffs in class actions are unlawful....more
On July 15, the Virginia Safety and Health Code Boards adopted §16 VAC 25-220, an Emergency Temporary Standard that is designed to establish requirements for employers to control, prevent, and mitigate the spread of COVID-19...more