News & Analysis as of

Fair Labor Standards Act (FLSA) Labor Regulations

Stokes Wagner

Fifth Circuit Eliminates 80/20/30 Tip Credit Rule

Stokes Wagner on

The U.S. Court of Appeals for the Fifth Circuit (Texas, Louisiana, and Mississippi) has struck down the Department of Labor’s “80/20/30 Rule,” which had set guidelines for how tipped employees are compensated under the Fair...more

Bradley Arant Boult Cummings LLP

Tipped Out? 5th Circuit Negates DOL Tip Credit Rule

How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more

Littler

Pay to Play? Third Circuit Holds NCAA Athletes Can Be Considered Employees

Littler on

The National Collegiate Athletic Association (NCAA) has long argued that college athletes are amateurs exempt from minimum wage and overtime under the Fair Labor Standards Act (FLSA). Until last week, courts around the United...more

Jackson Lewis P.C.

Puerto Rico Increases Hourly Minimum Wage to $10.50 Beginning July 1, 2024

Jackson Lewis P.C. on

Puerto Rico’s minimum wage will increase to $10.50 per hour from $9.50 per hour effective July 1, 2024. This increase was finally approved by the Minimum Wage Review Commission on June 13, 2024. With limited exceptions, the...more

Butler Snow LLP

Hurry Up and Wait – DOL Final Rule increasing salary threshold on July 1, 2024 faces legal challenges

Butler Snow LLP on

On April 23, 2024, the United States Department of Labor (“DOL”) announced a final rule which will raise the salary threshold required to classify employees as exempt from overtime pay requirements under federal law.[1]...more

Bradley Arant Boult Cummings LLP

Welcoming Our Robot Overlords? Navigating New Guidance on AI

As technology continues to evolve, so do the dynamics of labor and employment. The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) recently issued Field Assistance Bulletin No. 2024-1 (FAB 2024-1). FAB...more

Verrill

Key Takeaways for Maine Employers from DOL Final Rule Increasing Salary Thresholds for Exempt Employees

Verrill on

The U.S. Department of Labor recently issued a final rule that would increase the required salary thresholds for employees to be exempt from overtime requirements under the Fair Labor Standards Act (FLSA). The increases to...more

Bodman

New DOL and FTC Rules (Maybe) Mandate Employment Changes

Bodman on

It was a busy and high-profile week for the Department of Labor (“DOL”) and the Federal Trade Commission (“FTC”), both of which issued new rules that require employers to thoroughly review their use of the exempt...more

Spilman Thomas & Battle, PLLC

DOL Raises Salary Requirements for Overtime Exemptions

The U.S. Department of Labor (DOL) announced April 23, 2024 it will increase the minimum annual salary that is required to make certain white-collar employees to be eligible for overtime (often referred to as the executive,...more

Brooks Pierce

Extra, Extra…Pay for Exempt Employees: DOL Published Final Rule on Overtime Exemptions

Brooks Pierce on

On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule altering the requirements for “white collar” exemptions under the federal Fair Labor Standards Act (FLSA). This is the final step in a process that...more

Schwabe, Williamson & Wyatt PC

The DOL’s New Overtime Rule is Heading Straight for ‎Us

Ready or Not, Here It Comes – What Should Employers Do Now? The Department of Labor’s September 2023 proposed rule to expand overtime protections to millions of employees is the proverbial freight train heading right for...more

Buchalter

Rounding Time Is No Longer a Safe Bet in Oregon and Washington

Buchalter on

The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things,...more

Burr & Forman

The Burr Broadcast: New Independent Contractor Rule

Burr & Forman on

In this episode of The Burr Broadcast, Chandler Aragona explains the new Independent Contractor rule that goes into effect on March 11, 2024. ...more

Foley Hoag LLP

U.S. Department of Labor Issues New Independent Contractor Rule

Foley Hoag LLP on

The new rule makes it more difficult under federal law to classify workers as independent contractors. The new rule adopts the six-factor economic realities test, rather than the more stringent “ABC” test adopted by...more

Brooks Pierce

DOL Publishes Final Rule on Employee or Independent Contractor Classification

Brooks Pierce on

On Jan. 9, 2024, the U.S. Department of Labor (DOL) announced the upcoming publication of its final rule on how to analyze whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more

Schwabe, Williamson & Wyatt PC

Minimum Wage Increase for Federal Contractors

Effective January 1, 2024, the minimum wage for workers who perform work on or in connection with federal contracts will increase from $16.20 per hour to $17.20 per hour. This will apply to most federal contracts entered into...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your September 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

Constangy, Brooks, Smith & Prophete, LLP

USDOL proposes to expand minimum wage, OT protections by increasing minimum salaries for White Collar exemptions

After repeated promises and repeated delays, the U.S. Department of Labor has released proposed regulations to revise the compensation requirements of the White Collar and Highly Compensated Employee exemptions of the Fair...more

Bass, Berry & Sims PLC

U.S. Supreme Court Rules That a Highly Compensated Employee Paid on a Daily-Rate Basis is Entitled to Overtime Pay

Bass, Berry & Sims PLC on

The U.S. Supreme Court recently ruled that a highly compensated employee who was paid a guaranteed daily rate but not a guaranteed weekly rate was not properly paid “on a salary basis” and, therefore, was not correctly...more

DarrowEverett LLP

Going By the Handbook Can Be Employer’s Best Defense

DarrowEverett LLP on

Businesses are always searching for new ways to reduce liability and insulate themselves from risk, but one of the easiest and least expensive tools is often the one most frequently overlooked. Creating, promulgating, and...more

Perkins Coie

New Series: Employment Law and the Cannabis Industry

Perkins Coie on

This blog series addresses common employment-related issues for cannabis industry professionals. This first post addresses timekeeping considerations for manufacturers and retailers of cannabis products to ensure compliance...more

Locke Lord LLP

52,644: The Number Of Comments Submitted To Labor Department On Proposed Rule Governing Independent Contractor Classification

Locke Lord LLP on

In response to the U.S. Department of Labor’s proposed regulation released to the public on October 11, 2022 entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act,” an unprecedented...more

Morgan Lewis

Ninth Circuit Finds Time Booting Up Computers May Be Compensable for Call Center Workers

Morgan Lewis on

The US Court of Appeals for the Ninth Circuit (which covers California, Nevada, Arizona, Alaska, Hawaii, Idaho, Montana, Oregon, and Washington) held on October 24 in a unanimous published opinion that because call center...more

Shutts & Bowen LLP

Federal Ban on Non-Competition Agreements Introduced in the House of Representatives

Shutts & Bowen LLP on

On September 1, 2022, Representative Mike Garcia introduced H.R. 8755, titled The Restoring Workers’ Rights Act (“RWRA”) to the House of Representatives, and if it passes and is ultimately signed into law, it will ban...more

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