News & Analysis as of

Department of Labor (DOL) Vacated

Perkins Coie

Fifth Circuit Hits 0% on the Department of Labor’s Tip Credit Rule

Perkins Coie on

The U.S. Court of Appeals for the Fifth Circuit recently determined that the Department of Labor (DOL) violated the Administrative Procedures Act (APA) in issuing its “Tip Credit” final regulations and vacated the final rule....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ding Dong, the Federal 80/20 and 30-Minute Tip Rule Is Dead

On August 23, 2024, the Fifth Circuit Court of Appeals released its long-awaited opinion in Restaurant Law Center v. United States Department of Labor and invalidated the 2021 final tip rule issued by the U.S. Department of...more

Seyfarth Shaw LLP

Tips from Seyfarth: In a Major Win for Restaurants, Fifth Circuit Vacates DOL’s 80/20 Rule

Seyfarth Shaw LLP on

Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep...more

Proskauer - Health Care Law Brief

No Surprises Here!  Fifth Circuit Upholds Health Care Provider Challenge to No Surprises Act Regulations

In a recent win for health care providers, the United States Court of Appeals for the Fifth Circuit has affirmed a lower court’s decision to vacate key portions of regulations issued by the U.S. Departments of Treasury,...more

Nossaman LLP

Relying on Loper, Fifth Circuit Sends Chevron-based decision Back to District Court, calling ESG Rule into Question

Nossaman LLP on

On July 18, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) vacated a decision by the U.S. District Court for the Northern District of Texas (“District Court”) that upheld the U.S. Department of Labor’s...more

Mintz

The Demise of the Chevron Doctrine Begins to Impact ESG Jurisprudence

Mintz on

Last week, the Fifth Circuit Court of Appeals vacated and remanded the appeal from a lower court's decision upholding the Biden Administration's Department of Labor rule enabling ERISA plans to consider ESG factors, ordering...more

Laner Muchin, Ltd.

Federal Court Vacates DOL’s Joint Employer Rule Issued in 2023

Laner Muchin, Ltd. on

In Chamber of Commerce of United States v. NLRB, No. 23-cv-00553, 2024 U.S. Dist. LEXIS 43016 (E.D. Tex. Mar. 8, 2024), the United States District Court for the Eastern District of Texas vacated the National Labor Relations...more

McDermott Will & Emery

District Court Vacates Provisions of No Surprises Act Final Rule

McDermott Will & Emery on

On February 6, a US district court in Texas vacated provisions of the No Surprises Act final rule related to the independent dispute resolution (IDR) process for determining payment for out-of-network services....more

Dechert LLP

The Latest in the “Regular Basis” of DOL Fiduciary Rule Developments: Federal Court Vacates Certain Provisions Applicable to...

Dechert LLP on

The District Court for the Middle District of Florida issued a decision (the “ASA Decision”) on February 13 that adds yet another twist to the 13-year long story of the U.S. Department of Labor’s (“DOL”) attempts to recraft...more

DirectEmployers Association

OFCCP Week In Review: April 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Verrill

Surprise Medical Bills: Texas District Court Vacates Portion of Independent Dispute Resolution (IDR) Process in Agency Rule

Verrill on

The U.S. District Court for the Eastern District of Texas recently vacated a portion of the Requirements Related to Surprise Billing, Part II, Interim Final Rule (the “Rule”) regarding the independent dispute resolution (IDR)...more

Burr & Forman

11th Circuit Court of Appeals Vacates Employer’s Tip Credit Summary Judgment Victory in Rafferty v. Denny’s

Burr & Forman on

The 11th Circuit clarified that employers, not employees, bear the burden of proving compliance with the 80-20 rule for employees subject to the tip credit under the FLSA....more

Burr & Forman

Department of Labor Announces Updates Regarding Prevailing Wages For Certain Foreign Temporary and Permanent Workers

Burr & Forman on

On October 7, 2020, the Department of Labor (“DOL”) announced an Interim Final Rule titled, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” would go into...more

Seyfarth Shaw LLP

Is Invalidation of the DOL’s Joint Employer Rule Much Ado About Nothing?

Seyfarth Shaw LLP on

Seyfarth Synopsis: Much has been written in the past few weeks about a recent federal court decision that invalidated the U.S. Department of Labor’s (“DOL”) joint employment rule. While the immediate reaction of some may be...more

Stinson - Government Contracting Matters

Government Contractors Susceptible to Increased Liability as Joint Employers After Court Strikes Portions of DOL’s New...

On September 8, 2020, Judge Gregory Woods in the United States District Court for the Southern District of New York struck down the majority of the U.S. Department of Labor’s (DOL) “joint-employer” rule concerning what it...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Federal District Court Vacates Significant Portion of DOL’s Joint-Employer Rule

On September 8, 2020, the U.S. District Court for the Southern District of New York vacated the U.S. Department of Labor’s (DOL) final joint-employer rule, which limited when multiple businesses involved in an employment...more

Bricker Graydon LLP

U.S. Department of Labor issues revised FFCRA rules in response to New York District Court decision

Bricker Graydon LLP on

On September 11, 2020, the U.S. Department of Labor (DOL) issued revised regulations in response to a recent decision from a federal court in New York striking down parts of the DOL’s Families First Coronavirus Response Act...more

Franczek P.C.

DOL’s Joint Employer Test Ruled Illegal

Franczek P.C. on

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

Ballard Spahr LLP

Federal Judge Blocks Portions of DOL’s Joint Employer Rule

Ballard Spahr LLP on

SUMMARY - On September 8, 2020, a federal judge in New York struck down significant portions of the U.S. Department of Labor (DOL) joint employer rule, which had narrowed the situations in which businesses can be held...more

Morgan Lewis

New York Court Vacates DOL’s Joint Employer Rule

Morgan Lewis on

Judge Woods of the US District Court for the Southern District of New York on September 8 vacated the US Department of Labor’s new test for joint employment, which focuses only on the putative joint employer’s right to...more

Proskauer - Law and the Workplace

SDNY Decision Strikes Down Portions of DOL’s FFCRA Regulations

On August 3, Judge Paul Oetken of the Southern District of New York issued a decision invalidating various portions of the Department of Labor’s rules implementing the federal Families First Coronavirus Response Act...more

Cozen O'Connor

New York Federal Judge Strikes Down Portions of Dept. of Labor’s Emergency Paid Leave Rules

Cozen O'Connor on

On March 18, 2020, Congress passed the Families First Coronavirus Response Act (FFCRA), which provided up to two weeks of paid sick leave and an additional 10 weeks of paid family and medical leave to certain eligible...more

Morgan Lewis

Court Expands Employee Eligibility for COVID-19 Emergency Paid Sick and FMLA Leave

Morgan Lewis on

More employees are eligible for up to 12 weeks’ COVID-19-related emergency paid sick leave and emergency paid FMLA leave after a federal district court in New York invalidated significant parts of a US Department of Labor...more

Bricker Graydon LLP

More uncertainty ahead for employers after New York District Court strikes down parts of FFCRA regulations

Bricker Graydon LLP on

On August 3, 2020, a federal district judge in New York struck down parts of the U.S. Department of Labor (DOL) regulations implementing the Families First Coronavirus Response Act (FFCRA), creating new uncertainties for...more

Steptoe & Johnson PLLC

Judge Vacates Exemptions for Health Care Workers in Families First Coronavirus Response Act

A Southern District of New York federal judge in Manhattan vacated a final rule by the Department of Labor (“DOL”) that exempted certain workers from accessing emergency benefits under the temporary federal pandemic-related...more

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