News & Analysis as of

Department of Labor (DOL) Wage and Hour

Littler

DOL Reinstates Virtual Marketplace Platform Opinion Letter Signaling Return to Relaxed Independent Contractor Test and Acceptance...

Littler on

In recent months, the Department of Labor (DOL) has seen an overhaul of its agency leadership. First, President Trump appointed Secretary of Labor Lori Chavez-DeRemer and Deputy Secretary Keith Sonderling, and more recently,...more

Epstein Becker & Green

New York Enacts Amendment to Limit Frequency of Pay Damages for Manual Workers

Epstein Becker & Green on

On May 9, 2025, Governor Hochul signed a budget bill into law that includes an amendment (“the Amendment”) to the New York Labor Law (NYLL)....more

Sheppard Mullin Richter & Hampton LLP

DOJ Retracts Biden-Era Independent Contractor Classification Rule

On May 1, 2025, the United States Department of Labor’s (“DOL”) Wage and Hour Division announced it would not enforce or apply the Biden-era 2024 Final Rule regarding independent contractor classification (“2024 Rule”)....more

Polsinelli

DOL Abandons 2024 Independent Contractor Test

Polsinelli on

What You Need to Know - The U.S. Department of Labor has announced it will no longer enforce the 2024 independent contractor rule under the Fair Labor Standards Act (FLSA), reverting to the more employer-friendly 2008...more

Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors: What Does It Mean For Manufacturers and Franchisors?

Foley & Lardner LLP on

On May 1, 2025, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden...more

Ballard Spahr LLP

Department of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated Workers

Ballard Spahr LLP on

During the Biden administration, the U.S. Department of Labor (DOL) issued a final regulation (the “2024 Rule”) seeking to increase the salary threshold for overtime eligibility for the “white-collar” exemption (also referred...more

Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors

Foley & Lardner LLP on

On May 1, 2025, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden administration — a...more

Akerman LLP - HR Defense

DOL Signals Changes to Independent Contractor Rule

On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the...more

Parker Poe Adams & Bernstein LLP

DOL Announces Abandonment of Independent Contractor Rule

In 2024, the Department of Labor adopted regulations limiting the definition of independent contractors exempt from the provisions of the Fair Labor Standards Act’s overtime and minimum wage requirements....more

Lathrop GPM

U.S. DOL Likely to Alter Employee vs. Independent Contractor Classification Rules Under FLSA

Lathrop GPM on

Newly published guidance may mean it will be easier for employers to classify workers as independent contractors under the federal Fair Labor Standards Act (FLSA)....more

Woods Rogers

Unpaid Internships: The Line Between Learning and Labor

Woods Rogers on

With warmer days ahead, many individuals are eager to grow their skills and build their resumes. If you’re planning to bring on summer interns, it’s the perfect time for a quick reality check: are your interns a benefit or...more

Brooks Pierce

Update: DOL Investigators Directed Not to Apply 2024 Independent Contractor Rule

Brooks Pierce on

New U.S. DOL Guidance on Independent Contractor vs. Employee Analysis -On May 1, 2025, the U.S. Department of Labor (“U.S. DOL”) Wage & Hour Division issued a field assistance bulletin (“FAB”) to guide investigators on...more

Fisher Phillips

Where Do We Stand? An Action Plan for Employers on Tip Credit Compliance and the 80/20 Rule

Fisher Phillips on

Many employers in hospitality and other service industries take the tip credit toward their minimum wage obligation under federal wage and hour law – but complying with evolving rules has been challenging in recent years....more

BakerHostetler

DOL Softens Bite on Independent Contractor Test

BakerHostetler on

The DOL announced that it will not enforce the 2024 independent contractor rule. The pre-2024 multi-factor test will be used for FLSA worker classification disputes....more

Littler

Policy Week in Review – May 2025

Littler on

U.S. DOL Pauses Enforcement of Biden-era Independent Contractor Rule  - On April 29, the U.S. Department of Labor issued a press release announcing new guidance on how to determine employee or independent contractor...more

Franczek P.C.

Department of Labor Signals Rescission of FLSA Exemption Salary Thresholds

Franczek P.C. on

The Trump Administration has signaled it intends to reconsider the previously enjoined 2024 rule that would have increased the minimum salary threshold required for an employee to be exempt from overtime under the Executive,...more

Jackson Lewis P.C.

Reprieve Extended? DOL to Halt Efforts to Restore 2024 Minimum Salary Rule for Exempt Employees

Jackson Lewis P.C. on

Employers were granted a reprieve last fall when a federal court invalidated the U.S. Department of Labor’s (DOL’s) final rule increasing the minimum salary requirements for the “white collar” or “EAP” exemptions (executive,...more

Foster Swift Collins & Smith

[Webinar] New Law Changes in Effect for Employers Hiring Minors - May 14th, 12:00 pm - 12:30 pm EST

With summer right around the corner, teenagers will soon be out of school—and out looking for a place to work. If you’re planning on hiring teenagers during the summer months and beyond, be sure you’re familiar with the...more

Pullman & Comley - Labor, Employment and...

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Has Spoken (Part One)

Prior to its March 25, 2025 deadline, the Connecticut General Assembly’s Labor and Public Employees Committee likely finished up its work for this legislative session and approved a final flurry of bills that would generally...more

Jackson Lewis P.C.

Illinois Amends ‘One Day Rest In Seven Act’ to Prohibit Employer Retaliation

Jackson Lewis P.C. on

Recent amendments to the Illinois One Day Rest In Seven Act (ODRISA) prohibit employers from retaliating against employees and create an enforcement mechanism. The amendments went into effect March 21, 2025. ODRISA requires...more

Tucker Arensberg, P.C.

What Employers Need to Know Before Offering an Unpaid Internship

Tucker Arensberg, P.C. on

With summer approaching, some employers may be looking to bring in interns during their break from school. Internships are great as they provide students with real-world training and experience, which supplements the learning...more

ArentFox Schiff

Illinois Amends One Day Rest in Seven Act to Prohibit Retaliation

ArentFox Schiff on

The One Day Rest in Seven Act is an Illinois law providing employees with the right to meal breaks and one full day of rest each work week....more

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

Beltway Buzz - April 2025

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Jackson Lewis P.C.

Final Touches: President Trump Rounds Out DOL Leadership with Two Nominees

Jackson Lewis P.C. on

President Donald Trump has nominated Andrew Rogers to lead the Department of Labor’s (DOL’s) Wage and Hour Division (WHD). He also nominated Jonathan Berry to serve as solicitor of labor. Trump sent the nominations to the...more

Bradley Arant Boult Cummings LLP

Trump’s Pick for Chief Legal Officer May Signal More Changes for DOL

This week President Donald Trump nominated attorney Jonathan Berry to be the next solicitor of the Department of Labor (DOL). Berry worked in the department during the first Trump administration, and he was the sole author of...more

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