News & Analysis as of

Fair Labor Standards Act (FLSA) Statutory Interpretation

Dunlap Bennett & Ludwig PLLC

News Flash: Fifth Circuit Vacates 80/20/30 Tip Credit Rule

In a significant decision for the hospitality and restaurant industries, the U.S. Court of Appeals for the Fifth Circuit recently struck down a Department of Labor (DOL) rule regarding the payment of tipped employees. The...more

Jenner & Block

Client Alert: Loper Bright Matters: Fifth Circuit Vacates Agency Action That Had Survived Under Chevron Deference

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In a long-awaited decision in Restaurant Law Center v. US Department of Labor, the US Court of Appeals for the Fifth Circuit vacated a US Department of Labor (DOL) regulation governing the way tipped employees are paid,...more

BakerHostetler

Tipped Occupations: Is the 80/20 Rule Dead? That’s a Geography Question!

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On August 23, 2024, in Restaurant Law Center v. DOL, the Fifth Circuit vacated the Department of Labor’s (DOL) final rule concerning tipped employees. Citing the Supreme Court’s recent decision in Loper Bright v. Raimondo,...more

Foley & Lardner LLP

No More Chevron Deference: What Does This Mean for Employers?

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From 1984 until June 2024, a reviewing court had to defer to a federal agency’s reasonable interpretation of ambiguous statutes, even if the court would have interpreted the statute differently. In June 2024, the U.S. Supreme...more

Fox Rothschild LLP

5th Circuit Vacates DOL’s Federal 80/20/30 Tip Credit Rule

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The U.S. Court of Appeals for the 5th Circuit recently vacated the U.S. Department of Labor’s (DOL) latest provisions of its Tip Regulations Under the Fair Labor Standards Act, colloquially known as the 80/20/30 Rule through...more

Tucker Arensberg, P.C.

The Chevron Doctrine Has Been Overturned: What That Means for Employers

Tucker Arensberg, P.C. on

On June 28, 2024, the U.S. Supreme Court issued a landmark decision in the case of Loper Bright Enterprises v. Raimondo. In a 6-3 decision authored by the Court’s Chief Justice, John Roberts, SCOTUS overturned its decision in...more

Venable LLP

A Post-Chevron Era: What Employers Need to Know About the End of the Chevron Doctrine

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On June 28, 2024, the U.S. Supreme Court issued a landmark decision in Loper Bright Enterprises v. Raimondo, eliminating a fundamental principle of administrative law. In a 6-3 decision, the Supreme Court overturned Chevron...more

Miller Nash LLP

Thrown for a Lope—Supreme Court Decision in Loper Bright Enterprises Overturning Chevron Likely to Impact Employer Practices

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The U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, No. 22-451, June 28, 2024, overruled long-standing precedent under which courts were to provide substantial deference to...more

Schwabe, Williamson & Wyatt PC

Supreme Court Opinions Overturn Chevron and Modify the Statute of Limitations Allowed by Lower Courts

On June 28, the Supreme Court handed down Loper Bright Enterprises v. Raimondo, which overturned the prior Supreme Court precedent, articulated in Chevron v. Natural Resource Defense Council, Inc. and known as “the Chevron...more

Littler

U.S. Supreme Court Rolls Back “Deference” to Federal Agencies and Opens Up More Challenges to Regulations

Littler on

On Friday, June 28, the U.S. Supreme Court overruled Chevron, USA Inc. v. Natural Resources Defense Council. Chevron often required courts to defer to federal agencies when those agencies were interpreting statutes they...more

McDonnell Boehnen Hulbert & Berghoff LLP

Loper Bright Enterprises v. Raimondo (2024)

Not surprisingly, the Supreme Court overturned the "Chevron deference" principle from its 1984 Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. decision in Loper Bright Enterprises v. Raimondo (and it did so...more

Jackson Lewis P.C.

Go Fish! U.S. Supreme Court Overturns ‘Chevron Deference’ to Federal Agencies: What It Means for Employers

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The U.S. Supreme Court has overturned the decades-old Chevron doctrine of judicial deference to a federal agency’s interpretation of an ambiguous statute. Loper Bright Enters. v. Raimondo, No. 22-451, and Relentless, Inc. v....more

FordHarrison

Judicial Approval Not Required for Offers of Judgment in FLSA Cases

FordHarrison on

On December 6, 2019, a sharply divided panel of the Second Circuit (covering New York, Connecticut, and Vermont) ruled that judicial approval of Fair Labor Standard Act (FLSA) settlements resolved under Federal Rule of Civil...more

Rumberger | Kirk

A Win for Cannabis Industry Workers

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On September 20, 2019, the United States Court of Appeals for the Tenth Circuit ruled in Robert Kenney v. Helix TCS, Inc. that the Fair Labor Standards Act (FSLA) applies to workers in the cannabis industry. This is a...more

Jones Day

Massachusetts Noncompete and Trade Secret Reform Will Have Far-Reaching Impact

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Businesses across the country are feeling the effects of a pair of laws recently enacted in Massachusetts. The "garden leave" clause in Massachusetts' new noncompete law dictates that during the period in which a departed...more

Proskauer - Law and the Workplace

Second Circuit, Relying on SCOTUS Instruction, Rejects "Narrow Construction" Principle for FLSA Exemptions

In two decisions issued on September 19, the Second Circuit relied on the Supreme Court’s instruction in Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134, 1140 (April 2, 2018) that FLSA exemptions are not to be construed...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Agrees to Reconsider Tip Credit Case

For employers in the hospitality industry, tipping policies continue to pose significant litigation risks. A number of restaurant groups have faced recent class and collective action claims based on allegations that the...more

Seyfarth Shaw LLP

New York’s Highest Court: Pre-Certification Settlements Require Classwide Notice

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Seyfarth Synopsis: The New York Court of Appeals holds that the state’s class action rules require notice of settlements to be sent to putative class members – even though no class has been certified....more

Pullman & Comley - Labor, Employment and...

The ABC’s Of Worker Classification Are Once Again Before The Connecticut Supreme Court

We have blogged before about the “ABC Test,” used in Connecticut to determine whether a worker is considered an employee for purposes of eligibility for unemployment compensation benefits. Most recently, my partner Michael...more

Fisher Phillips

One-Time Anomaly Or Potential Turning Of The Tides? A Review Of The Supreme Court's 2014-2015 Term

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In a marked departure from the overwhelming success employers experienced before the Supreme Court in recent years, the less successful recently wrapped 2014-2015 term could be an indication that the judicial tides may be...more

Dorsey & Whitney LLP

DOL Issues Guidance Reminding Employers That “Most Workers Are Employees”

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On July 15, 2015, the U.S. Department of Labor (“DOL”) issued an important Administrator’s Interpretation discussing the misclassification of employees as independent contractors. Many companies engage independent...more

Fisher Phillips

Expect USDOL Independent-Contractor "Clarification" This Summer

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Employment Law360 recently reported U.S. Wage and Hour Division Administrator David Weil's announcement that he will soon release an Administrator Interpretation stating "a very clear set of criteria" delineating the agency's...more

Seyfarth Shaw LLP

Proposed White Collar Exemption Regulations are Coming . . . Soon (and Other Items of Regulatory Interest)

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While much of Washington, DC, begins its preparations for the inevitable summer slowdown, the Department of Labor’s Wage and Hour Division appears to be ramping up for a summer sure to keep wage and hour lawyers across the...more

K&L Gates LLP

Supreme Court’s Perez Decision Shines the Light on Federal Agencies’ Authority to Use “Interpretations” (Often called Shadow...

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Over the last three decades, federal agencies have increasingly used “interpretations” to “explain” what a formal regulation means, rather than to go through the more expensive, complicated and slow process of changing the...more

Buchalter

U.S. Supreme Court Upholds Validity of Department of Labor’s Interpretation on Overtime Pay for Mortgage Loan Officers

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For the past several years, an action by the Mortgage Bankers Association has been brewing in the courts challenging the U.S. Department of Labor (“DOL”) for issuing contradictory opinion letters on whether mortgage loan...more

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