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
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 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
The U.S. Court of Appeals for the Sixth Circuit vacated two district court decisions involving how pizza delivery drivers should be reimbursed for vehicle-related expenses under the Fair Labor Standards Act (FLSA). Parker v....more
The New York State Department of Labor (NYSDOL) has issued proposed regulations to align the state’s industry-specific wage requirements with the upcoming increases in the state minimum wage.
In May 2023, Governor Kathy...more
President Joe Biden exceeded his authority under the Procurement Act when he issued an executive order (EO 14026) raising the minimum wage rate for employees of federal contractors to $15 per hour, a federal court in Texas...more
10/18/2023
/ Administrative Authority ,
Administrative Procedure Act ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
Joe Biden ,
Louisiana ,
Minimum Wage ,
Procurement Guidelines ,
Texas
In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In “2022 Wage and Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal...more
1/12/2023
/ ABC Test ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Day of Rest Laws ,
Day-Rate Pay ,
Department of Labor (DOL) ,
Drug Testing ,
Employer Mandates ,
Fair Labor Standards Act (FLSA) ,
Fast-Food Industry ,
Independent Contractors ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Paid Leave ,
Pay Transparency ,
Pregnant Workers Fairness Act ,
Prime Contractor ,
Rest and Meal Break ,
Subcontractors ,
Tip Credit ,
Tipped Employees ,
Unemployment Benefits ,
Virus Testing ,
Wage and Hour
For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the U.S. Department of Labor...more
A Miami restaurant’s mandatory 18% service charge did not constitute a “tip” under the Fair Labor Standards Act (FLSA) and therefore was properly applied toward satisfying the FLSA’s employee wage requirements, the U.S. Court...more
Several recent lawsuits have been filed in federal court, one challenging the Dual Jobs Final Rule published by the Department of Labor (DOL) that became effective in late December 2021, and two others filed this week by...more
In 2021, wage and hour laws continued to change and develop, expanding in some areas and contracting in others. In “2021 Wage & Hour Developments: A Year in Review,” we look back on significant wage and hour developments at...more
1/10/2022
/ Class Action ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Rights ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Independent Contractors ,
Joint Employers ,
Labor Code ,
Minimum Wage ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Service Contract Act ,
State Labor Laws ,
Tip Credit ,
Tipped Employees ,
Vaccinations ,
Virus Testing ,
Wage and Hour ,
Wage Theft
On October 28, 2021, the U.S. Department of Labor (DOL) issued a Final Rule establishing limits on the amount of time tipped employees can spend performing work that is not “tip- producing work” and still being paid at the...more
The Department of Labor (DOL) has issued a new Notice of Proposed Rulemaking (NPRM), again seeking to regulate the circumstances under which an employer may pay a tipped employee a direct wage below the minimum wage. The NPRM...more
Unsurprisingly, on May 5, 2021, the U.S. Department of Labor (DOL) withdrew its Independent Contractor Final Rule, published in the last days of the previous administration.
The Final Rule, which never took effect, would...more
Making good on President Biden’s campaign promise, the House of Representatives has included in its $1.9 trillion Covid-19 relief bill, known as the “American Rescue Plan Act of 2021,” revisions to the Fair Labor Standards...more
In 2020, federal and state laws regulating wages and hours of work continued to change and develop, expanding in some areas, and contracting in others. In “2020 Wage & Hour Developments: A Year in Review,” we look back on...more
1/18/2021
/ Collective Bargaining ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Rules of Civil Procedure ,
Fluctuating Workweek ,
Independent Contractors ,
Joint Employers ,
Minimum Wage ,
Misclassification ,
Opinion Letter ,
Paid Time Off (PTO) ,
Rest and Meal Break ,
State Labor Laws ,
Tip Credit ,
Tip-Pooling ,
Unions ,
Wage and Hour
Federal and state laws regulating the payment of wages continue to develop at a rapid pace. States continue to increase their minimum wage, despite the federal minimum wage remaining stagnant at $7.25 per hour since 2009.
...more
In New York, 2020 will be the last year employers who employ tipped employees in car washes, nail salons, and parking garages, among other establishments, will be permitted to pay such employees a rate below the minimum wage...more
The Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) on October 8, 2019, to eliminate the “20% Rule,” or “80/20 Rule,” under the Fair Labor Standards Act (FLSA).
The 20% Rule, which first appeared...more
10/8/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
After six months of primarily internal Democratic Party wrangling, on July 18, 2019 the House of Representatives passed the Raise the Wage Act, which, if it became law, would progressively increase the federal minimum wage to...more
A bill aimed at increasing protections for employer “wage theft” by allowing an employer’s current or former employee, or the New York State Department of Labor (NYSDOL), to place a lien on the employer’s interest in real or...more
The law regulating the payment of wages and work hours is a vibrant area: the “fight for $15.00”; battles over who can receive tips (and whether the tip credit should be eliminated entirely); whether workers should be given...more
1/28/2019
/ ABC Test ,
Arbitration ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Independent Contractors ,
Internships ,
Minimum Wage ,
Over-Time ,
Primary Beneficiary Test ,
Salary/Wage History ,
State Labor Laws ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour ,
Wage Payment and Collection Act ,
White-Collar Exemptions
Two years ago, the New York State Department of Labor (NYSDOL) issued final regulations implementing changes resulting from increases to the minimum wage. The state minimum wage for non-exempt employees and the salary level...more
While the federal minimum wage has remained stalled at $7.25 an hour since 2009, there has been significant movement at the state level, with some states enacting a minimum wage rate that is now more than double the federal...more