News & Analysis as of

Final Rules Fair Labor Standards Act (FLSA)

Jackson Lewis P.C.

Employers Still Need to Abide 2024 Independent Contractor Rule Despite DOL Hints of Dropping It

Jackson Lewis P.C. on

In recent court filings in several ongoing lawsuits, the Department of Labor (DOL) has indicated that it will reconsider its 2024 independent contractor rule issued by the Biden Administration and may issue a new rule. The...more

Bradley Arant Boult Cummings LLP

No Rest for the Weary: The Trump DOL Indicates Yet Another Change to Its Independent Contractor Classification Rule Is on the...

Exactly a year ago, we wrote about the final rule issued by the Biden-era U.S. Department of Labor (DOL) regarding the test for determining whether a worker is an employee covered by the Fair Labor Standards Act (FLSA), or an...more

Amundsen Davis LLC

Department of Labor Clarifies Management Cannot Keep Tips From a Tip Pool and Reverts Back to the Dual Jobs Rule

Amundsen Davis LLC on

In January, the U.S. Department of Labor (DOL) issued an opinion letter clarifying managers and supervisors still cannot receive or keep tips, including from a tip pool. This came shortly after the DOL restored the dual...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Declines Reconsideration of FLSA Salary Rule Decision

Last year in a rare victory for the Department of Labor, the Fifth Circuit Court of Appeals rejected a claim by a Dairy Queen franchisee that the Fair Labor Standards Act prohibits DOL from establishing any minimum salary for...more

Proskauer - Law and the Workplace

DOL Appeal of Decision Invalidating 2024 Overtime Rule Likely on Last Legs

On November 15, 2024, in State of Texas v. United States Dep’t of Labor, the United States District Court for the Eastern District of Texas ruled that the U.S. Department of Labor (DOL) exceeded its rulemaking authority by...more

Foley & Lardner LLP

Trump Department of Labor Signals Likely Retreat from Biden Era Independent Contractor Classification Rule

Foley & Lardner LLP on

We’ve written before about the “tennis match” that describes how, with changes in presidential parties, the Department of Labor (DOL) has proposed different tests to determine whether workers are “employees” covered by the...more

Jackson Lewis P.C.

Trump DOL Signals a Back-off from Defending Independent Contractor Rule

Jackson Lewis P.C. on

The Trump Administration has asked the U.S. Court of Appeals for the Fifth Circuit to postpone oral argument in a lawsuit challenging President Joe Biden’s 2024 independent contractor rule. The U.S. Department of Justice...more

Proskauer - Law and the Workplace

White House “Regulatory Freeze” Directive Pauses Most Federal Rulemaking

As expected, the White House issued a directive to the heads of all executive departments and agencies within the first few hours after President Trump’s inauguration on January 20, requesting that they halt all non-emergency...more

Kramer Levin Naftalis & Frankel LLP

Consulting the Crystal Ball — What Employers Can Anticipate in 2025

With Inauguration Day now behind us and a new presidential administration taking control, employers should expect significant changes to many aspects of the federal government’s administrative agenda under a second Donald...more

Benesch

Independent Contractor Owner-Operators and the Second Trump Administration: Motor Carrier Expectations for the Road Ahead

Benesch on

The role of independent contractor owner-operators (“ICOOs”) in the trucking industry has a long history as a business model and also as a lightning rod for scrutiny. ...more

Holland & Knight LLP

The Trump Administration's Impact on Independent Transportation Contractors

Holland & Knight LLP on

Approximately one year ago, we discussed the impact of the final rule from the U.S. Department of Labor (DOL) regarding whether a worker is an employee or independent contractor under the Federal Fair Labor Standards Act...more

Ruder Ware

Judge Tosses DOL Overtime Increase – What Employers Should Be Considering and Other Wage & Hour Reminders

Ruder Ware on

On November 15, 2024, a federal judge for the U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s (DOL’s) 2024 overtime rule (“Overtime Rule”). This decision came months after the...more

Tarter Krinsky & Drogin LLP

New Year Reminder to Employers: Make Sure Your Exempt Employees Are Being Paid Enough to Maintain Their Status

Starting a new year is a good opportunity for employers to review compensation structures to ensure sure they are paying their employees enough to meet the salary thresholds necessary for an employee to maintain their exempt...more

Vedder Price

DOL Returns to Prior Dual Jobs Regulation for Tipped Employees

Vedder Price on

In August 2024, we reported on the highly anticipated opinion in Restaurant Law Center v. U.S. Department of Labor, 115 F.4th 396 (5th Cir. 2024), in which the Fifth Circuit vacated the 2021 Dual Jobs Final Rule as arbitrary,...more

Jackson Lewis P.C.

DOL Returns to Pre-2021 Dual Jobs Regulation for Tipped Employees

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) published a final rule on Dec. 17, 2024, restoring the pre-2021 language of the “dual jobs” regulation for tipped employees under the Fair Labor Standards Act (FLSA). This is a technical...more

Pullman & Comley - Labor, Employment and...

Important Update to our Wage Alert Regarding the DOL’s Final Rule Increasing the Salary Level for the Executive, Administrative...

In November, the U.S. District Court for the Eastern District of Texas blocked the U.S. Department of Labor’s (DOL) final rule discussed below.  See Texas v. U.S. Dep’t of Lab., No. 4:24-CV-468-SDJ, 2024 WL 4806268 (E.D. Tex....more

Lippes Mathias LLP

Employers Take Note: Court Vacates Salary Threshold Increases for Exempt Employees

Lippes Mathias LLP on

Last month, a federal district court in Texas invalidated the U.S. Department of Labor’s (“DOL”) April 2024 Final Rule (“Final Rule”), which would have raised salary thresholds for Executive, Administrative, and Professional...more

Bricker Graydon LLP

The Department of Labor is Looking to End Subminimum Wages for Individuals with Disabilities.

Bricker Graydon LLP on

On December 3, 2024, the Department of Labor (DOL) introduced a Final Rule to end an employer’s ability to pay individuals with disabilities subminimum wages under federal law....more

Rumberger | Kirk

Ding Dong the New DOL Rule Raising Minimum Salary Levels is Dead

Rumberger | Kirk on

Good news for employers – the Department of Labor’s (DOL) new rule, which significantly increased the minimum salary level threshold for exempt employees, was overturned by a federal court in Texas, effectively blocking the...more

Spilman Thomas & Battle, PLLC

Texas Court Strikes Down DOL Overtime Rule: Analysis and Impact on Employers

On November 15, 2024, in Texas v. United States Department of Labor, a Texas federal district court struck down a U.S. Department of Labor (DOL) final rule that would have raised the minimum salary threshold for exempt...more

BakerHostetler

Is Your Payroll Department Ready to Close Out 2024 and to Start 2025?

BakerHostetler on

The FLSA’s minimum wage and overtime requirements do not apply to any employee employed in a bona fide executive, administrative, or professional (EAP) capacity, nor do they apply to highly compensated employees who perform...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Federal Judge Invalidates Department of Labor's Minimum Salary Increases

On April 23, 2024, the Department of Labor (DOL) issued a Final Rule that significantly increased the minimum salary required for employees to be classified as exempt under the Fair Labor Standards Act (FLSA). Specifically,...more

Nelson Mullins Riley & Scarborough LLP

Texas Federal Court Strikes Down DOL’s Overtime Rule

Texas federal judge Sean D. Jordan recently blocked a new U.S. Department of Labor (DOL) Rule that would have allowed certain workers making less than $58,656 per year to automatically become eligible for overtime premium pay...more

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

DOL Appeals Federal Court Decision That Struck Down Salary Threshold Increases for White-Collar Overtime Exemptions

The U.S. Department of Labor (DOL) is appealing a U.S. district judge’s recent ruling striking down the agency’s final rule “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales,...more

Burr & Forman

Federal Judge Vacates Department of Labor's Salary Increase to FLSA White Collar Exemption

Burr & Forman on

Earlier this year, the Department of Labor (“DOL”) announced increases to the salary threshold for the “bona fide executive, administrative, or professional” exemption and the “highly compensated employee” exemption to the...more

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