On November 15, 2024, a federal judge sitting in the Eastern District of Texas found that the Biden administration’s Department of Labor (DOL) exceeded its statutory authority by issuing its April 23, 2024 final rule (the...more
11/25/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Over-Time ,
Salaried Employees ,
Statutory Authority ,
Vacated ,
Wage and Hour ,
White-Collar Exemptions
On April 23, 2024, the U.S. Department of Labor (DOL) announced its final rule increasing the salary thresholds for the Fair Labor Standards Act’s (FLSA) overtime exemptions for executive, administrative, professional, and...more
4/26/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
UPDATE: The Biden administration has announced that the implementation of this rule will be delayed by 60 days to provide for further review. Originally scheduled to go into effect on March 1, 2021, the rule now has an...more
On December 22, 2020, the U.S. Department of Labor (DOL) issued a final rule revising certain regulations under the Fair Labor Standards Act (FLSA) related to tipped employees. However, because of the timing of the new rule,...more
12/30/2020
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hospitality Industry ,
Minimum Wage ,
New Rules ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour
On September 22, 2020, the U.S. Department of Labor (DOL) unveiled its long-awaited proposed independent contractor rule. The new rule sets forth a new standard for determining whether a worker can be classified as an...more
Spurred by the uptick in remote work due to the ongoing COVID-19 pandemic, the U.S. Department of Labor ("DOL") recently issued a new Field Assistance Bulletin clarifying employers’ obligations to pay hourly, non-exempt...more
In March 2020, Congress enacted the Families First Coronavirus Response Act (FFCRA), which provided emergency paid sick leave (EPSL) and emergency paid family medical leave (EPFML) to millions of workers needing time off for...more
8/6/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EPSLA ,
Essential Workers ,
Families First Coronavirus Response Act (FFCRA) ,
Final Rules ,
Health Care Providers ,
Intermittent Leave ,
Medical Leave ,
Paid Leave ,
Required Documentation
On May 20, 2020, the United States Department of Labor (DOL) released a Final Rule authorizing employers that use the “fluctuating workweek” method for calculating employees’ regular rates of pay to award employees additional...more
On May 18, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a final rule eliminating a list of businesses prohibited from taking advantage of the commission sales exemption to the overtime...more
Since Congress’s quick passage of the Families First Coronavirus Response Act (FFCRA) in late March, the Department of Labor has continued to issue guidance interpreting this new law. While the Department published its...more
The U.S. Department of Labor’s Occupational Safety & Health Administration has released a new memo addressing employers’ obligations under the Occupational Safety & Health Act (“OSHA”) with respect to COVID-19. The new memo...more
On Wednesday, April 1, 2020, the U.S. Department of Labor (DOL) issued new formal regulations interpreting the Families First Coronavirus Response Act. Those regulations largely formalized the informal guidance the DOL has...more
Late March 24, 2020, the U.S. Department of Labor (DOL) offered employers some important guidance on complying with the Families First Coronavirus Response Act (FFCRA), which President Trump signed into law last week. DOL...more
Last week, the U.S. Department of Labor (DOL) released the final version of its new “joint employer” rule. The rule limits the scenarios in which businesses will be treated as joint employers under the Fair Labor Standards...more
On April 1, 2019, the U.S. Department of Labor (DOL) issued a proposed rule that would clarify when two entities may be considered joint employers of an employee for purposes of the Fair Labor Standards Act (FLSA), and...more
Less than a month after proposing an increase to the salary threshold for certain overtime exemptions, the U.S. Department of Labor (“DOL”) has announced another possible rule change impacting the way employers pay employees...more
On June 27, 2017, the U.S. Department of Labor (DOL) made two announcements that signal a change of direction for the new Administration. First, the DOL announced in a press release that it would return to its decades-long...more
On June 7, 2017, the United States Department of Labor (“DOL”) announced that it is withdrawing the prior Administration’s guidance on joint employment and independent contractors. The Obama Administration had issued...more
In a recent decision, a Massachusetts Superior Court judge clarified the standard for determining whether employers must pay employees for time spent on meal breaks under Massachusetts law. In Devito v. Longwood Security...more
While the federal Department of Labor’s new overtime rule remains enjoined pending an appeal to the U.S. Court of Appeals for the Fifth Circuit, the New York Department of Labor (NYDOL) has moved forward with its own changes...more
On November 22, 2016, a federal judge in Texas issued a nationwide injunction preventing the U.S. Department of Labor (DOL) from implementing its new overtime rule. The rule – which would have raised the salary threshold...more
On December 1, 2016, the U.S. Department of Labor’s new overtime rule will take effect. Most significantly, effective December 1, 2016, the minimum salary a worker must be paid to qualify for the executive, administrative,...more
On May 18, 2016, the U.S. Department of Labor (“DOL”) issued its final rule revising the so-called “white collar” exemptions under the Fair Labor Standards Act (“FLSA”). Most significantly, the rule raises the minimum salary...more
As promised earlier this summer, on July 15, 2015, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an “Administrator’s Interpretation” (AI) regarding when individuals are misclassified as independent...more
On June 30, 2015, the United States Department of Labor (“DOL”) released a proposed rule which, if implemented, will alter the minimum salary threshold for the so-called “white collar” exemptions to the minimum wage and...more