Latest Posts › Department of Labor (DOL)

Share:

5th Circuit Strikes Down 2021 Tip Rule

On August 23, 2024, the Fifth Circuit Court of Appeals struck down a 2021 regulation by the U.S. Department of Labor restricting employers’ use of the tip credit for tipped employees under the Fair Labor Standards Act. The...more

Tech Firm’s Attempt to Block Overtime Rule Falls Short

After a federal judge in the Eastern District of Texas blocked the DOL’s new overtime exemption rule as it pertains to Texas state employees, another judge in the Northern District of Texas declined to issue a similar...more

Court Blocks New DOL Rule – But Only for Texas

On Friday, a federal district court granted a preliminary injunction sought by the State of Texas to block implementation of the U.S. Department of Labor’s new rule increasing minimum salaries for overtime exempt employee....more

Converting Exempt Employees to Non-Exempt

With the DOL’s new overtime exemption rule set to go into effect on July 1 and no ruling yet on the state of Texas’s motion to put the rule on hold, employers will need to decide what to do with exempt employees whose minimum...more

Will The New Overtime Rule Take Effect July 1?

The clock is quickly ticking down to July 1, when the U.S. Department of Labor’s new rule increasing the minimum salary for many employees to be considered exempt from overtime under the Fair Labor Standards Act is supposed...more

Coaches and Athletic Trainers Under the New FLSA Exemption Rules

A common question for schools assessing how to comply with the new overtime exemption rule published by the U.S. DOL is what to do about coaches and athletic trainers in light of the new minimum salary requirement for the...more

Not All Exempt Employees Are Affected by the New Minimum Salary Rule

The U.S. Department of Labor recently published new final regulations that increase the minimum salary level for most employees to be considered exempt under the executive, administrative, and professional exemptions to the...more

U.S. DOL Updates Salary Thresholds for Overtime Exemptions

On April 23, 2024, the U.S. Department of Labor issued final regulations updating the minimum salary threshold for employees to be considered exempt from overtime requirements under the Fair Labor Standards Act. The...more

US DOL Issues Final Rule on Independent Contractors

On January 9, 2024, the U.S. Department of Labor announced a new final rule revising the test for whether workers are considered to be employees versus independent contractors for purposes of the Fair Labor Standards Act. The...more

New DOL Rule Adds Civil Penalties for Taking Employee Tips

In 2018, Congress added a provision to the Fair Labor Standards Act prohibiting employers from retaining employee tips or allowing managers or supervisors to participate in a tip pooling arrangement. Today, the U.S....more

The First 100 Days of the Biden Administration: Labor and Employment Activity (UPDATED)

In week ten, the Biden administration’s labor and employment activity includes the Senate confirmation of Marty Walsh as Labor Secretary, the nomination of former CEO of the Democratic National Committee to the Solicitor of...more

The First 100 Days of the Biden Administration: Labor and Employment Activity (UPDATED)

Each week during the first 100 days of the new administration, we will provide a recap of significant initiatives and events that will impact employers.  In week nine, the Biden administration’s labor and employment...more

The First 100 Days of the Biden Administration: Labor and Employment Activity (UPDATED)

In week six, the Administration’s labor and employment activity includes a major roadblock to the $15 federal minimum wage increase, an extension of unemployment benefits by the DOL, and unexpected silence by the...more

The First 100 Days of the Biden Administration: Labor and Employment Activity

In week two, the Biden administration shook things up at the National Labor Relations Board with the firing and replacement of General Counsel Peter Robb, walked back President Trump’s pro-independent contractor agenda at the...more

DOL’s Joint Employer Test Ruled Illegal

On September 8, 2020, the United States District Court for the Southern District of New York struck down portions of a January 2020 Final Rule issued by the Department of Labor. The Final Rule provided a new test for...more

New DOL Guidance Confirms Employees May Take Intermittent FFCRA Leave for Kids on Hybrid Schedules

On August 27, 2020, the U.S. Department of Labor added to its list of Frequently Asked Questions regarding leave under the FFCRA, tackling questions related to FFCRA leave for children’s remote learning programs....more

Federal Court Rejects Key Provisions of FFCRA Leave Regulation

Earlier yesterday, the U.S. District Court for the Southern District of New York struck down four key provisions of the U.S. Department of Labor’s (“DOL”) regulation implementing the paid leave provisions of the Families...more

DOL Issues Guidance Ahead of The Families First Coronavirus Response Act Taking Effect

Yesterday afternoon (March 24, 2020), the Department of Labor issued Question & Answer guidance concerning the emergency paid sick leave and expanded FMLA leave provisions of the Families First Coronavirus Response Act. For...more

DOL Proposes Rule to Make Bonus and Incentive Pay Compatible With Fluctuating Workweek

On November 5, 2019, the U.S. Department of Labor published a proposed rule that would make it easier for some employers to apply the “Fluctuating Workweek” method of calculating overtime pay for certain non-exempt employees....more

New Minimum Salary For Exempt Employees Takes Effect January 1, 2020

On Tuesday, the U.S. Department of Labor issued its final rule concerning overtime exemptions. The rule increases the salary threshold for employees exempt under the executive, administrative, and professional exemptions (the...more

DOL Proposes $35,308 Minimum Salary For Exempt Employees

Earlier yesterday (March 7, 2019), the U.S. Department of Labor announced new proposed regulations that would increase the minimum salary for employees to qualify for the Executive, Administrative, and Professional exemptions...more

DOL Releases Additional Guidance on Dual Jobs for Tipped Employees

On February 15, 2019, the U.S. Department of Labor issued Field Assistance Bulletin No. 2019-2, providing additional guidance for Wage and Hour Division staff regarding how to apply tip credit rules for employees who perform...more

What Duties Can A Server Perform Under the Tip Credit Rules? [Wage & Hour FAQ]

Q. We use the tip credit for servers who work in our restaurant. When service is slow, we ask our servers to pitch in with other jobs around the restaurant, like sweeping up the dining room and cleaning the restroom. ...more

New Tip Pool Rules - Changes to the FLSA and DOL Guidance

If you’ve been paying attention to the news relating to wage and hour law (and really, who isn’t?), you may recently have heard quite a bit about new federal rules on tipped employees, and more recently Congress stepping in...more

What to Make of the DOL'S PAID Program

You may have read about the U.S. Department of Labor’s new “Payroll Audit Independent Determination” or “PAID’’ pilot program. Under this program, the DOL invites employers to voluntarily audit their payroll practices and...more

68 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide