News & Analysis as of

Enforcement Fair Labor Standards Act (FLSA)

Proskauer - California Employment Law

January 2024 California Employment Law Notes

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

Ward and Smith, P.A.

New Year, (Potentially) New Rules?

Ward and Smith, P.A. on

Sometimes, the only constant is change.  This New Year is no different.   In 2023, we saw several developments in labor and employment law, including federal and state court decisions, regulations, and administrative agency...more

ArentFox Schiff

EEOC and US Department of Labor's Wage and Hour Division Partner to Enhance Enforcement

ArentFox Schiff on

Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more

Bradley Arant Boult Cummings LLP

Teaming Up? EEOC and DOL Announce Enhanced Enforcement Efforts

Last week, the Equal Employment Opportunity Commission (EEOC) and the United States Department of Labor’s Wage and Hour Division (DOL) issued a memorandum of understanding (MOU) that announced they are partnering for the...more

Kohrman Jackson & Krantz LLP

Gig Workers Now Protected in Columbus, Ohio

The City of Columbus, Ohio, has enacted a new code conferring legal rights to gig workers, also known generally as freelance workers. Freelance workers now constitute almost forty percent of the national workforce. The...more

Perkins Coie

DOL Issues Guidance on PUMP Act for Nursing Workers

Perkins Coie on

The U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2023-2 on May 17, 2023, to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act...more

White and Williams LLP

Enforcement Provisions Under The PUMP For Nursing Mothers Act Take Effect April 28, 2023

White and Williams LLP on

The PUMP For Nursing Mothers Act - On December 29, 2022, President Biden signed the PUMP for Nursing Mothers Act (PUMP Act) into law, expanding workplace protections to all breastfeeding employees covered by the Fair Labor...more

Proskauer - Employee Benefits & Executive...

Sweeping Ban on Non-Compete Clauses Proposed by Federal Trade Commission

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed an expansive new rule which would impose a near-complete ban on the use of noncompetes (the “Proposed Rule”) by employers. The Proposed Rule is the...more

Foley & Lardner LLP

What’s Old is New Again: The DOL’s “New” Proposed Rule on Independent Contractors Returns to a Pre-Trump Test for Worker...

Foley & Lardner LLP on

On October 11, the Department of Labor (DOL) announced a proposed rule that would replace the Trump administration’s worker classification test, and may make it more difficult to classify workers as independent contractors. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Supreme Court Upholds Validity of Class-Action Waiver Clause Even In Absence of Arbitration Clause

Arbitration agreements and class-action waivers have been important tools for employers seeking to reduce expense and exposure in cases brought by employees. These legal instruments have begun to be limited, though. ...more

Sheppard Mullin Richter & Hampton LLP

What Employers Need to Know About Newly Proposed Non-Compete Legislation in New Jersey

Following a nationwide trend, New Jersey recently joined a growing list of states seeking to limit the use of non-compete and non-solicitation agreements by employers. On May 19, 2022, the New Jersey Assembly’s Labor...more

Schwabe, Williamson & Wyatt PC

Federal Contractors Must Pay Workers At Least $15 Hourly According to New Department of Labor ‎Rule

Starting January 30, 2022, new federal contracts that are not procurement contracts must include a clause requiring federal contractors to pay at least $15 per hour to workers performing work on or in connection with the...more

Foley & Lardner LLP

US Department of Labor to Hire 100 New Investigators in the Wage and Hour Division, Signaling Increased Focus on Enforcement

Foley & Lardner LLP on

The U.S. Department of Labor (DOL) recently announced its intention to hire 100 new investigators in its Wage and Hour Division. Currently at is lowest staffing levels in over a decade, the division oversees the enforcement...more

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

DOL Cracks Down, and Opens Cracks, on Employers Keeping Tips

Employers will soon face stricter financial penalties for keeping their employees’ tips under a final rule published by the U.S. Department of Labor (DOL) on September 24, 2021. Section 3(m)(2)(B) of the Fair Labor Standards...more

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

Chief Justice Denial of Stay Request Clears Way for New FLSA Regulations Affecting Home Care Agencies to Go Into Effect October...

On October 6, 2015, Chief Justice John Roberts of the Supreme Court of the United States summarily denied the emergency stay application filed by the association plaintiffs in Home Care Association of America v. Weil. In the...more

Pullman & Comley - Labor, Employment and...

The Electrician Is An Independent Contractor; The Uber Driver Isn’t

When I talk to businesspeople about the legal differences between employees and independent contractors, I often offer the electrician who comes to the office to fix a wiring problem as the paradigmatic independent...more

Foley & Lardner LLP

DOL Fires Across the Bow of Businesses Underway With Independent Contractor Manpower

Foley & Lardner LLP on

Employee classification issues have been a recurrent topic of ours, and with all the class action litigation arising from independent contractor and other classifications, we have had no shortage of opportunities to remind...more

Franczek P.C.

Wage and Hour Basics Series: Penalties for FLSA Non-Compliance

Franczek P.C. on

Periodically this year, we have discussed some of the fundamentals of wage and hour law, starting with a general review of the white collar exemptions. We will continue to periodically review some of the more fundamental...more

Carlton Fields

The Benefits of Settling Employee Wage Claims Through the Department of Labor

Carlton Fields on

The Fair Labor Standards Act (FLSA), as construed by the U.S. Department of Labor (DOL) in its extensive regulations promulgated under the Act, governs federal wage and hour law. Where an employer is an enterprise engaged in...more

Constangy, Brooks, Smith & Prophete, LLP

DOL Delays Enforcement Of Companionship Exemption Rule, But Private Lawsuits Against Employers Can Carry On

On October 9, the Wage and Hour Division of the U.S. Department of Labor announced that it would delay enforcement of the 2013 Final Rule regarding the companionship exemption to the minimum wage and overtime requirements of...more

Foley & Lardner LLP

You’re NOT Paranoid – the Agencies ARE Ganging Up

Foley & Lardner LLP on

Feeling a bit paranoid these days, especially where government oversight or agency investigations are involved? Your perception of reality is probably being driven less by paranoia and more by the upticks in government...more

Fisher Phillips

FLSA "Per Diem" Claims On The Rise

Fisher Phillips on

A recent U.S. Labor Department press release highlights a growing area of scrutiny under the federal Fair Labor Standards Act: Paying "per diem" amounts to non-exempt employees....more

Constangy, Brooks, Smith & Prophete, LLP

DOL Issues Proposed Rule On New Minimum Wage For Some Federal Contractors

Today the U.S. Department of Labor issued its Notice of Proposed Rulemaking to implement the new minimum wage for certain federal contractors based on the Executive Order that President Obama signed on February 12. The Notice...more

Fisher Phillips

Hotels, Motels Still Drawing USDOL Attention

Fisher Phillips on

One of the U.S. Labor Department's continuing federal Fair Labor Standards Act enforcement initiatives targets hotels and motels. Officials are following-through on their 2010 warning that they see the hospitality industry as...more

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