Seyfarth Synopsis: On September 11, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit held in Mayfield v. U.S. Department of Labor that the Secretary’s salary test for evaluating overtime exemptions are valid...more
9/13/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Authority ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: The first challenge to the Department of Labor’s overtime rule has landed, but what the U.S. District Court for the Eastern District of Texas will do with it and how any decision will affect businesses...more
5/28/2024
/ Administrative Procedure Act ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
Yesterday, the U.S. DOL unveiled its final overtime rule. The rule significantly increases the minimum salary for so-called “white collar” employees to be exempt from the federal FLSA’s overtime pay requirements. This...more
4/24/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Over-Time ,
Proposed Rules ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: With DOL’s overtime exemption rule currently under White House review, we could see its publication sooner rather than later. ...more
3/6/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Minimum Salary ,
Minimum Wage ,
OIRA ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: Child labor laws remain fertile ground for government enforcement as evaluate key issues for 2024. Late last year, the Wage Hour Division released guidance for new processes to assess greater penalties...more
2/1/2024
/ Child Labor ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Hiring & Firing ,
Penalties ,
State and Local Government ,
State Labor Laws ,
Wage & Hour Division (WHD) ,
Wage and Hour
Seyfarth Synopsis: On December 6, 2023, the Biden Administration announced the release of its Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions. The U.S. Department of Labor’s Wage and Hour Division continues to...more
12/12/2023
/ Biden Administration ,
Department of Labor (DOL) ,
Employees ,
Final Rules ,
Inflation Reduction Act (IRA) ,
Notice of Proposed Rulemaking (NOPR) ,
Prevailing Wages ,
Regulatory Agenda ,
Rulemaking Process ,
Tax Credits ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: Here we go again. The impending federal government shutdown may suspend many enforcement and consultation functions of the United States Department of Labor, including OSHA....more
The comment period on the U.S. DOL Wage and Hour Division’s Notice of Proposed Rulemaking, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” closed on...more
Seyfarth Synopsis: The long wait for a Senate-confirmed U.S. DOL Wage and Hour Division (“WHD”) Administrator is over!...more
As one does, I was recently reading U.S. DOL Wage and Hour Division (“WHD”) Field Assistance Bulletin (“FAB”) 2023-3 regarding “Prohibitions against the shipment of ‘Hot Goods’ under the Child Labor Provisions of the Fair...more
Under the Inflation Reduction Act, employers claiming the available tax credits must pay Davis-Bacon prevailing wages, and meet certain apprenticeship requirements, to claim enhanced tax credits. As eligible projects take...more
9/5/2023
/ Apprenticeships ,
Construction Project ,
Construction Workers ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Federal Contractors ,
Inflation Reduction Act (IRA) ,
IRS ,
Prevailing Wages ,
Tax Credits ,
Wage and Hour
Seyfarth Synopsis: This alert summarizes the IRS’s recent notice of proposed rulemaking on complying with prevailing wage and apprenticeship requirements under the Inflation Reduction Act and explains key provisions...more
9/1/2023
/ Apprenticeships ,
Comment Period ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Inflation Reduction Act (IRA) ,
IRS ,
Notice of Proposed Rulemaking (NOPR) ,
NPRM ,
Prevailing Wages ,
Proposed Rules ,
Wage and Hour
Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and...more
8/31/2023
/ Biden Administration ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Notice of Proposed Rulemaking (NOPR) ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Wage & Hour Division (WHD) ,
Wage and Hour ,
White-Collar Exemptions
On August 8, 2023, the U.S. Department of Labor (DOL) announced its final rule related to the Davis-Bacon Act (the “Act”), entitled “Updating the Davis-Bacon and Related Acts Regulations.” However, the official final rule...more
Seyfarth Synopsis: On June 13, 2023, the Biden Administration announced the release of its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (the 2022 Fall Agenda was issued in January 2023). In connection...more
6/20/2023
/ Biden Administration ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employees ,
Exempt-Employees ,
Labor Reform ,
Minimum Salary ,
NPRM ,
OIRA ,
Proposed Rules ,
Regulatory Agenda ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: The Supreme Court held that highly-compensated employees paid solely on a day rate must meet the so-called “reasonable relationship test” to satisfy the salary basis requirement....more
Seyfarth Synopsis: On January 4, 2023, the Biden Administration announced the release of its Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the...more
Seyfarth Synopsis: On June 21, 2022, the Biden Administration announced the release of its Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the...more
Seyfarth Synopsis: On March 30, 2022, the Senate voted down a cloture motion to advance the nomination of Dr. David Weil to return as U.S. DOL Wage and Hour Division (“WHD”) Administrator. This public rebuke – made possible...more
On March 11, 2022, the Department of Labor (DOL) announced a notice of proposed rulemaking (“NPRM”) related to the Davis Bacon Act (the “Act”), entitled “Updating the Davis-Bacon and Related Acts Regulations.” The move to...more
Gone are the days when the U.S. DOL’s Wage & Hour Division (“WHD”) invited employers to proactively identify and collaborate with the Division to fix their wage and hour missteps. Closed is the chapter in which employers...more