News & Analysis as of

Fair Labor Standards Act (FLSA)

Constangy, Brooks, Smith & Prophete, LLP

Summer Interns and Teenage Workers: 3 tips for managing seasonal hires

Is it that time of year already? Summer is almost here. For many employers, that means an influx of customers and a familiar solution: seasonal hires. High school and college students are a natural fit for short-term...more

Sheppard

Are Your Healthcare Managers Actually Managers?

Sheppard on

A recent healthcare-related federal court settlement serves as a reminder that job titles do not determine overtime eligibility under the Fair Labor Standards Act. In Simmons v. ViaQuest Residential Services, LLC, No....more

Littler

Littler Lightbulb – April 2026 Employment Appellate Roundup

Littler on

Fifth Circuit Vacates NLRB Order Regarding Company Subpoenas During Union Organizing Campaign - In Starbucks v. NLRB, __ F.4th __ (5th Cir. Apr. 17, 2026), the Fifth Circuit vacated the National Labor Relations Board’s (NLRB)...more

Saul Ewing LLP

New Guidance From the Federal Government About What Constitutes a Joint Employer

Saul Ewing LLP on

The consequences of being deemed a “joint employer” are significant. It can mean that one company is liable to or for the employees of another company in several contexts, including compliance with wage and hour, safety and...more

Littler

Internal Revenue Service Publishes Final Rule for “No Tax on Tips” Deduction

Littler on

As previously reported, the so-called “One Big Beautiful Bill Act” (OBBBA) provides an income tax deduction for “qualified tips” received by individuals in occupations that customarily and regularly received tips on or before...more

Vedder

Second Circuit Joins Growing Majority In Circuit Split Involving FLSA Collective Action Jurisdictional Requirements

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On May 4, 2026, the U.S. Court of Appeals for the Second Circuit joined a growing majority of federal appellate courts holding that courts must establish personal jurisdiction over the claims of each member of a collective...more

Foley & Lardner LLP

“Joint” at the Hip? The DOL's New Proposal Could Reshape Joint Employer Liability

Foley & Lardner LLP on

On April 22, 2026, the U.S. Department of Labor’s (DOL) Wage and Hour Division published a proposed rule that would establish a federal standard for determining when two or more entities qualify as “joint employers” under the...more

Seyfarth Shaw LLP

Second Circuit Restricts Nationwide FLSA Collective Actions

Seyfarth Shaw LLP on

The Second Circuit held that courts must dismiss out-of-state plaintiffs from FLSA collective actions unless the defendant is “essentially at home” in the forum state or consents to the suit in that venue. In a significant...more

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

Laptops at the Ballpark: Concerns for Employers Managing Remote Workers

Baseball is often referred to as “America’s pastime,” but for some baseball fans, it may double as worktime. While employers have long known that workers occasionally play hooky to attend afternoon ballgames, viral videos and...more

Troutman Pepper Locke

Security, Home Improvement, Black Car, and Home Health Industries Remain Targets for Independent Contractor Misclassification...

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We report below on several judicial and administrative proceedings involving independent contractor (IC) misclassification and compliance, including new class action lawsuits against a home improvement company and a security...more

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

Beltway Buzz - May 2026

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.

Employers Gain as Second Circuit Restricts Out-of-State Plaintiffs from Joining FLSA Collective Actions

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The U.S. Court of Appeals for the Second Circuit has joined a growing number of federal circuits to hold that would-be opt-in plaintiffs from outside the state where the case is pending cannot join a collective action under...more

Constangy, Brooks, Smith & Prophete, LLP

Court delivers big win for employers, limits reach of FLSA collective actions

The Second Circuit joins the majority of federal circuits. Employers defending collective actions under the Fair Labor Standards Act just scored a major win in the U.S. Court of Appeals for the Second Circuit. In...more

Constangy, Brooks, Smith & Prophete, LLP

Moms in the workplace quiz! (2026 version)

Happy Mothers’ Day weekend to all, including you dads and kids! How much do you know about moms’ rights in the workplace in the current era? Take our quiz and find out! As always, the answers will appear at the end of each...more

Proskauer - Law and the Workplace

Second Circuit Joins Majority View Limiting Nationwide FLSA Collective Actions

On May 4, 2026, the Second Circuit joined the Third, Sixth, Seventh, Eighth, and Ninth Circuits in holding that a district court may not authorize notice to out-of-state potential opt-in plaintiffs in an FLSA collective...more

Miles & Stockbridge P.C.

What’s Different in the Proposed Joint Employer Rule

The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) last month for its proposed rule on joint employment, where multiple employers simultaneously employ the same employee....more

Foster Swift Collins & Smith

[Webinar] Spring 2026 Labor & Employment Law Update - May 20th, 9:00 am - 10:00 am ET

To learn more about the major challenges employers face and developments your organization needs to address, we encourage you join the first of two virtual Labor & Employment Law Updates we will be hosting in 2026...more

Fisher Phillips

Retail Industry Snapshot: DOL’s New Joint Employer Proposal Expected to Reduce Risk

Fisher Phillips on

A new proposal from the Department of Labor (DOL) is expected to reduce joint employer exposure for retailers that rely on staffing agencies or other third parties to fill certain roles or complete certain tasks. The Trump...more

Epstein Becker & Green

Joint Employment, Misclassification, I-9s, and Web Accessibility: New Rules and Rulings Reshape Employer Risk - Employment Law...

What employers should know about key developments this week: • DOL Proposes Joint Employer Rule: The Department of Labor (DOL) has proposed a rule reinstating the economic realities test for joint employer liability under...more

Bass, Berry & Sims PLC

DOL Proposes New Uniform “Joint Employer” Rule

On April 23, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued a proposed rule seeking to establish a unified “Joint Employer” test under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act...more

Williams Mullen

New Wage Payment Liability Risks for Virginia’s General Contractors

Williams Mullen on

Virginia’s House Bill 238 expands wage protections in the construction industry by making general contractors jointly and severally liable for subcontractors’ wage violations and classifying them as “employers” under state...more

Constangy, Brooks, Smith & Prophete, LLP

Rare appeal may shed light on compensable time for remote employees

In the pre-pandemic days of brick-and-mortar work locations, determining a non-exempt employee’s compensable time was not very complicated or difficult to monitor. It started when the employee arrived at work and clocked...more

Miller Canfield

DOL Proposes New Joint Employer Rule Defining Horizontal and Vertical Joint Employment Relationships

Miller Canfield on

On April 22, 2026, the U.S. Department of Labor (DOL) issued a proposed rule that would establish a uniform standard for determining joint employer status under the Fair Labor Standards Act (FLSA), the Family and Medical...more

Foley & Lardner LLP

A New DOL Joint Employment Rule? What Franchisors Need to Know

Foley & Lardner LLP on

On April 22, 2026, the U.S. Department of Labor’s Wage and Hour Division published a proposed rule to establish a single, nationwide standard for determining joint employer status under the Fair Labor Standards Act (“FLSA”),...more

Jackson Lewis P.C.

DOL Rethinks Joint Employer Standard: Proposal Revisits, Revises 2020 Rule

Jackson Lewis P.C. on

The Department of Labor’s (DOL) Wage and Hour Division published a proposed rule on April 23, 2026, adopting a standard to determine joint employer status under the Fair Labor Standards Act (FLSA). According to DOL, the...more

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