In a 6-3 ruling, the U.S. Supreme Court upheld the U.S. Court of Appeals for the Fifth Circuit's Sept. 9, 2021, en banc ruling that a highly paid employee was not an exempt executive under the Fair Labor Standards Act (FLSA)...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
11/2/2022
/ Acquisitions ,
Annual Reports ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Department of Labor (DOL) ,
Executive Orders ,
Foreign Investment ,
Independent Contractors ,
Infrastructure ,
Mergers ,
Stock Options
Consistent with its June 2022 announcement, the U.S. Department of Labor (DOL) has issued a new proposed rule addressing the distinction between employees and independent contractors under the Fair Labor Standards Act (FLSA)....more
In a decision that will impact pay practices in the oil and gas and many other industries in Texas, Louisiana, Mississippi, and beyond, the en banc U.S. Court of Appeals for the Fifth Circuit affirmed on Sept. 9, 2021, that...more
9/15/2021
/ Corporate Counsel ,
Day-Rate Pay ,
Employer Liability Issues ,
Employment Litigation ,
En Banc Review ,
Energy Sector ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Oil & Gas ,
Over-Time ,
Salaried Employees ,
Split of Authority ,
Wage and Hour ,
White-Collar Exemptions
In a significant and favorable ruling for employers, especially in the oil and gas industry, a federal judge in the U.S. District Court for the District of Colorado recently ruled that the plaintiff in Scott v. Antero...more
6/3/2021
/ Appeals ,
Corporate Counsel ,
Day-Rate Pay ,
Employment Litigation ,
En Banc Review ,
Energy Sector ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Oil & Gas ,
Over-Time ,
Wage and Hour
The U.S. Department of Labor (DOL) officially withdrew a Trump-era rule that had been announced to clarify independent contractor status under the Fair Labor Standards Act (FLSA). The repeal took effect on May 6, 2021. The...more
The U.S. Department of Labor (DOL) proposed on March 11, 2021, withdrawing the independent contractor and joint employer final rules under the Fair Labor Standards Act (FLSA). The independent contractor final rule provides...more
3/25/2021
/ Biden Administration ,
Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Joint Employers ,
Public Comment ,
Trump Administration ,
Wage and Hour
The U.S. Court of Appeals for the Fifth Circuit issued a potentially landmark decision in Swales v. KLLM Transport Services, L.L.C. on Jan. 12, 2021, rejecting more than 30 years of case law related to conditional...more
1/18/2021
/ Appeals ,
Class Action ,
Class Certification ,
Collective Actions ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Notice Requirements ,
Rules of Civil Procedure
The U.S. Court of Appeals for the Fifth Circuit, in an issue of first impression, has answered a critical question in Fair Labor Standards Act (FLSA) overtime disputes: "Who has the burden of proof on whether bonuses are...more
In a significant and adverse ruling for employers, especially in the oil and gas industry, the U.S. Court of Appeals for the Fifth Circuit on April 20, 2020, held that a "day rate" does not satisfy the salary basis test for...more