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Eleventh Circuit Refuses To Defer To DOL Opinion Letter Eliminating ‘20%’ Rule

In late 2020, the U.S. Department of Labor (DOL) issued a Tip Regulations Final Rule that, in part, sought to eliminate the so-called “80/20,” or “20%,” Rule under the Fair Labor Standards Act (FLSA). The 20% Rule has been...more

FLSA’s Extended Limitations Period Requires Plausible Factual Pleadings, Second Circuit Holds

Because the plaintiff failed to allege any facts supporting his claim that his former employer acted willfully in failing to pay him overtime, he was not entitled to the FLSA’s extended, three-year statute of limitations....more

DOL Issues New Opinion Letters On Fluctuating Workweek Hours Requirement, Other Topics

Continuing the practice it reinstituted during the current administration, on August 31, 2020 the U.S. Department of Labor’s (DOL) Wage Hour Division (WHD) issued four new Opinion Letters, addressing a variety of topics. That...more

2019 Wage & Hour Developments: A Year in Review

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

U.S. Department Of Labor Issues Final Rule On Calculating FLSA’s ‘Regular Rate’ Of Pay

The Department of Labor (DOL) has issued its Final Rule revising the regulations governing the calculation of the “regular rate” of pay, used to calculate overtime, under the Fair Labor Standards Act (FLSA). The Final Rule,...more

Department Of Labor Proposes Amended Regulations Concerning FLSA’s ‘Regular Rate’

The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) to revise the regulations governing the calculation of the regular rate under the Fair Labor Standards Act (FLSA). The FLSA generally requires...more

Comment Period Now Underway For New DOL Overtime Rule

Earlier this month, the U.S. Department of Labor (DOL) issued a new proposed rule that intends to raise the annual minimum salary requirements for the FLSA’s “white collar” (executive, administrative, and professional)...more

Department Of Labor Releases New Proposed Overtime Rule, Sets Minimum Salary At $35,308

The U.S. Department of Labor (DOL) has issued a new proposed rule raising the annual minimum salary requirements for the Fair Labor Standards Act (FLSA) “white collar” overtime exemptions (executive, administrative, and...more

DOL Issues New Proposed Overtime Rule

The U.S. Department of Labor (DOL) has issued a new proposed rule raising the salary level requirements for the white collar exemptions. A full article discussing the proposed rule will be published later but here is what...more

The New Year’s Ball May Be Dropping, But New York Wage Rates Are Not: A Preview Of Upcoming Changes

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

Supreme Court (Re)hears Oral Argument On Application Of Automobile Dealer Exemption To Service Advisors

Last week the Supreme Court heard – for the second time – oral argument in Encino Motorcars, LLC v. Navarro. At issue is whether “service advisors” at dealerships are covered by what’s known as the “automobile dealer”...more

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