The Senate has confirmed President Donald Trump’s nominees for two key posts at the Department of Labor. Wage and hour administrator nominee Andrew Rogers and solicitor of labor nominee Jonathan Berry cleared the Senate.
...more
10/9/2025
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Presidential Appointments ,
Regulatory Oversight ,
Regulatory Reform ,
Rulemaking Process ,
Senate Committees ,
Senate Confirmation Hearings ,
Trump Administration ,
Wage & Hour Division (WHD) ,
Wage and Hour
The U.S. Department of Labor Wage and Hour Division issued three new opinion letters interpreting the Fair Labor Standards Act (FLSA) on Sept. 30, 2025. The letters are the first of the new administration and clarify...more
10/8/2025
/ Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Firemen ,
Joint Employers ,
New Guidance ,
Opinion Letter ,
Over-Time ,
Rate of Pay ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Trump Administration ,
Wage & Hour Division (WHD) ,
Wage and Hour
A government shutdown looms at 12:01 a.m. on Wednesday, Oct. 1, when the current government funding expires. Appropriations bills that fund government operations are not expected to pass before the start of the new fiscal...more
10/1/2025
/ COBRA ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Department of Labor (DOL) ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Shutdown ,
Immigration Procedures ,
Labor Relations ,
Layoffs ,
NLRA ,
NLRB ,
Paid Time Off (PTO) ,
Unemployment ,
Unions ,
USCIS ,
Wage and Hour ,
WARN Act
The Wage and Hour Division (WHD) of the Department of Labor (DOL) has proposed moving some regulations governing application of the Fair Labor Standards Act (FLSA) from the Code of Federal Regulations (CFR) to an appendix in...more
9/15/2025
/ Administrative Procedure Act ,
Code of Federal Regulations (CFR) ,
Compliance ,
Department of Labor (DOL) ,
Employer Responsibilities ,
Fair Labor Standards Act (FLSA) ,
Guidance Documents ,
Interpretive Rule ,
Motor Carriers ,
Proposed Rules ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Wage and Hour
The “companionship services” exemption to Fair Labor Standards Act (FLSA) minimum wage and overtime requirements would again be available to third-party agencies that employ home caregivers and live-in domestic service...more
9/3/2025
/ Department of Labor (DOL) ,
Enforcement Actions ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Field Assistance Bulletins ,
Home Health Agencies ,
Home Healthcare Workers ,
Notice of Proposed Rulemaking (NOPR) ,
Over-Time ,
Proposed Rules ,
Third-Party Service Provider ,
Wage and Hour
The Department of Labor’s Wage and Hour Division (WHD) has relaunched its voluntary Payroll Audit Independent Determination (PAID) program, the agency announced July 24, 2025. The PAID program is an opportunity for employers...more
8/8/2025
/ Davis-Bacon Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Responsibilities ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
H-1B ,
H-2A ,
H-2B ,
Payroll Records ,
Prevailing Wages ,
Regulatory Requirements ,
Reporting Requirements ,
Service Contract Act ,
Wage and Hour
The U.S. Court of Appeals for the Fourth Circuit recently affirmed a $9.3 million judgment against a medical staffing agency in a Department of Labor (DOL) Fair Labor Standards Act (FLSA) enforcement action alleging nurses...more
8/6/2025
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Healthcare Workers ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Non-Compete Agreements ,
Staffing Agencies ,
Wage and Hour
A recent decision by the U.S. Court of Appeals for the Fifth Circuit clarifies how courts should apply the Fair Labor Standards Act’s (FLSA’s) highly compensated employee (HCE) exemption and distinguishes the exemption from...more
7/28/2025
/ Administrative Exemption ,
Administrative Law Judge (ALJ) ,
Appeals ,
Corporate Counsel ,
Employee Rights ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Over-Time ,
Texas ,
Wage and Hour ,
White-Collar Exemptions
President Donald Trump signed H.R. 1, “One Big Beautiful Bill Act” (OBBBA), on July 4. The OBBBA affects a wide range of workplace issues, including immigration, benefits, and employment tax liabilities. Below is only a brief...more
7/15/2025
/ 1099s ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Responsibilities ,
Employment Authorization Documents (EAD) ,
ESTA ,
Federal Taxes ,
Foreign Workers ,
HSA ,
Immigration Procedures ,
New Legislation ,
One Big Beautiful Bill Act ,
Over-Time ,
Reporting Requirements ,
Tax Credits ,
Tax Deductions ,
Tax Reform ,
Tax Relief ,
Temporary Protected Status ,
Tipped Employees ,
Tips ,
Workplace Safety
The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance...more
7/9/2025
/ Civil Monetary Penalty ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Responsibilities ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Liquidated Damages ,
Minimum Wage ,
New Guidance ,
Regulatory Reform ,
Risk Management ,
Settlement ,
Wage and Hour
Tax breaks on overtime pay and tipped earnings passed the House on May 22, 2025, as part of the “One Big Beautiful Bill Act” (H.R. 1). The tax deductions provided under the sprawling reconciliation bill would be temporary,...more
5/27/2025
/ Budget Reconciliation ,
Compensation ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employees ,
Employer Responsibilities ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Hospitality Industry ,
Income Taxes ,
New Legislation ,
Over-Time ,
Proposed Legislation ,
Tax Deductions ,
Tax Reform ,
Tipped Employees ,
Tips
The U.S. Department of Labor (DOL) will no longer apply the 2024 independent contractor final rule when analyzing whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA).
The...more
Employers were granted a reprieve last fall when a federal court invalidated the U.S. Department of Labor’s (DOL’s) final rule increasing the minimum salary requirements for the “white collar” or “EAP” exemptions (executive,...more
In recent court filings in several ongoing lawsuits, the Department of Labor (DOL) has indicated that it will reconsider its 2024 independent contractor rule issued by the Biden Administration and may issue a new rule. The...more
President Donald Trump has nominated Andrew Rogers to lead the Department of Labor’s (DOL’s) Wage and Hour Division (WHD). He also nominated Jonathan Berry to serve as solicitor of labor. Trump sent the nominations to the...more
The Trump Administration has asked the U.S. Court of Appeals for the Fifth Circuit to postpone oral argument in a lawsuit challenging President Joe Biden’s 2024 independent contractor rule. The U.S. Department of Justice...more
1/29/2025
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
Department of Labor (DOL) ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Interlocutory Appeals ,
Rulemaking Process ,
Trump Administration
Employers do not have to meet a heightened standard of proof to establish that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), the U.S. Supreme Court held...more
1/16/2025
/ Appeals ,
Burden of Proof ,
EMD Sales Inc v Carrera ,
Employee Rights ,
Employment Litigation ,
Evidentiary Standards ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Minimum Wage ,
Over-Time ,
SCOTUS ,
Wage and Hour
The U.S. Department of Labor (DOL) published a final rule on Dec. 17, 2024, restoring the pre-2021 language of the “dual jobs” regulation for tipped employees under the Fair Labor Standards Act (FLSA). This is a technical...more
12/19/2024
/ Chevron Deference ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hospitality Industry ,
Job Duties ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
In a highly anticipated decision, a federal district court in Texas has vacated the Department of Labor’s (DOL’s) 2024 Final Rule increasing the salary threshold for application of the executive, administrative, and...more
11/19/2024
/ Administrative Procedure Act ,
Department of Labor (DOL) ,
Executive Compensation ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Texas ,
Vacated ,
Wage and Hour
The U.S. Department of Labor (DOL) has released an opinion letter addressing whether per diem expense payments for tools and equipment may be excluded from the hourly rate when calculating overtime pay under the Fair Labor...more
Employees who work away from home overnight on assignments lasting several days or weeks are entitled to compensation under the Fair Labor Standards Act (FLSA) for time spent traveling to such assignments when the travel...more
The U.S. Department of Labor (DOL) has statutory authority to impose a salary level requirement to qualify for the executive, administrative, and professional (EAP) exemptions under the Fair Labor Standards Act (FLSA), the...more
9/16/2024
/ Constitutional Challenges ,
Department of Labor (DOL) ,
EAP ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Loper Bright Enterprises v Raimondo ,
Minimum Salary ,
Standard Duties Test ,
Statutory Authority ,
Wage and Hour ,
White-Collar Exemptions
In a long-awaited decision, the Department of Labor (DOL) regulation setting strict limits on the amount of time that tipped employees can spend performing work that does not directly generate tips has been struck down by the...more
A Fifth Circuit panel heard oral argument on Wednesday, August 7, on whether Department of Labor (DOL) regulations imposing a salary requirement to satisfy the executive, administrative and professional exemptions is valid....more
A federal judge in Texas has enjoined the Department of Labor (DOL) from enforcing its Final Rule raising the minimum salary level requirements for executive, administrative, and professional (EAP) exemptions to the minimum...more