News & Analysis as of

Department of Labor (DOL) Statutory Authority

Constangy, Brooks, Smith & Prophete, LLP

DOL has authority to include salary threshold when determining exempt status, appeals court says

During 2024 we have reported on several high-profile cases that have challenged wage-related regulations issued by the U.S. Department of Labor – including tips, independent contractors, and the white-collar exemptions to the...more

Jackson Lewis P.C.

Fifth Circuit Holds DOL Can Set Salary Floor for White-Collar Exemptions

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has statutory authority to impose a salary level requirement to qualify for the executive, administrative, and professional (EAP) exemptions under the Fair Labor Standards Act (FLSA), the...more

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

Fifth Circuit Upholds DOL’s Minimum Salary Requirement for FLSA White-Collar Exemptions

On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit upheld the U.S. Department of Labor’s (DOL) authority to use a salary basis to define its white-collar overtime exemptions....more

Bass, Berry & Sims PLC

Chevron No More: The Impact on Benefit Plans

Bass, Berry & Sims PLC on

On June 28, 2024, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, Secretary of Commerce and Relentless, Inc. v. Department of Commerce (Loper Bright), overturning Chevron U.S.A. Inc v. Natural...more

Littler

What, If Any, Impact Does SEC v. Jarkesy Have on Immigration Compliance and Adjudication?

Littler on

In Securities and Exchange Commission v. Jarkesy, 603 U.S. ___ (June 27, 2024), the U.S. Supreme Court held that the SEC’s administrative law judges (ALJs) lack jurisdiction to impose civil penalties for alleged securities...more

Eversheds Sutherland (US) LLP

Dual registrant regulatory roundup - August 2024

Welcome to the Regulatory Roundup. Each month, Eversheds Sutherland Investment Services attorneys review significant regulatory developments (including notable rulemakings and guidance from securities regulators) from the...more

McDermott Will & Emery

Anticipating the MHPAEA Final Regulations: A Word About Network Composition

If our trade and industry sources have it right, we could see final regulations implementing the Mental Health Parity and Addiction Equity Act (MHPAEA), as most recently amended by the Consolidated Appropriations Act, 2021...more

Epstein Becker & Green

The U.S. Department of Labor’s Final Rule Increasing the Salary Threshold for EAP Exemptions Took Effect, Except for the State of...

Epstein Becker & Green on

As we previously reported, the U.S. Department of Labor (DOL) issued a new final rule increasing the minimum salary amounts for the executive, administrative, and professional (EAP) and highly compensated employee exemptions....more

Jackson Lewis P.C.

Labor Department Rule Raising Salary Level for Exempt Employees Takes Effect (For Now)

Jackson Lewis P.C. on

A federal judge in Texas has enjoined the Department of Labor (DOL) from enforcing its Final Rule raising the minimum salary level requirements for executive, administrative, and professional (EAP) exemptions to the minimum...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your July To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Akerman LLP - HR Defense

Legal Challenges to the U.S. Department of Labor’s New Overtime Rule

As expected, the first lawsuits have been filed to challenge a new Department of Labor (DOL) “Overtime Rule” that significantly raises the minimum salary threshold for the exempt, administrative, and professional (EAP) and...more

Jackson Lewis P.C.

Federal Court Upholds DOL’s Authority to Set Minimum-Salary Test for White-Collar Exemption

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has statutory authority to impose a salary requirement to qualify for an exemption from overtime under the executive, administrative, and professional exemptions under the Fair Labor...more

Dorsey & Whitney LLP

Federal Court Invalidates Portions of the DOL’s FFCRA Rule

Dorsey & Whitney LLP on

On August 3, 2020, the Federal District Court for the Southern District of New York issued a decision in State of New York v. United States Department of Labor, et al. In this case, the State of New York claimed that the...more

Proskauer - Employee Benefits & Executive...

No Emergency Injunction Appeal in Chamber’s Challenge to DOL Rule

On March 20, 2017, a federal court in the Northern District of Texas denied the U.S. Chamber of Commerce’s emergency motion for an injunction pending appeal challenging implementation of the Department’s conflict of interest...more

Ruder Ware

DOL Overtime Rule Update: Breaking News!!!!!

Ruder Ware on

On September 20, 2016, two lawsuits were filed in an attempt to block the DOL’s proposed overtime rule. Wisconsin joined 20 other states in filing one suit while the U.S. Chamber of Commerce along with 50 other business...more

Seyfarth Shaw LLP

Employers Should Not Retreat on Compliance Planning Despite Two-Pronged Attack on OT Rule

Seyfarth Shaw LLP on

Two lawsuits related to the Department of Labor’s revisions to the white-collar exemptions have been filed in East Texas. The first lawsuit, citing (among other things) the severe impact the impending salary increase...more

Proskauer - Employee Benefits & Executive...

Update on Lawsuits Challenging the U.S. Department of Labor’s Fiduciary Rule

As we previously reported, there are five pending lawsuits challenging the U.S. Department of Labor’s new fiduciary rule. Our Client Alert on the new rule outlines the significance of the rule and the implications of the...more

Sheppard Mullin Richter & Hampton LLP

Home Care Associations Seek Stay by SCOTUS of New Wage-and-Hour Rules, As the Effective Date of DOL Wage-and-Hour Regulations...

Recently, the D.C. Circuit Court of Appeals ruled in Home Care Association of America, et al. v. Weil, that the Department of Labor’s (“DOL”) regulations about the inapplicability of certain statutory exemptions for...more

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