News & Analysis as of

Minimum Wage Department of Labor (DOL) Employees

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides E.M.D. Sales, Inc. v. Carrera

On January 15, 2025, the U.S. Supreme Court decided E.M.D. Sales, Inc. v. Carrera, No. 23-217, holding that the Fair Labor Standards Act of 1938 requires an employer to demonstrate by a preponderance of the evidence, rather...more

Jaburg Wilk

Arizona Minimum Wage Increases on January 1, 2025

Jaburg Wilk on

The Arizona minimum wage increased from $14.35 per hour to $14.70 per hour. The latest increase will take effect on January 1, 2025, and will remain in effect until December 31, 2025. This means that Arizona employers will...more

FordHarrison

Virginia Employment Law Update - Getting Your Company Compliant for 2025

FordHarrison on

Real World Impact: There are several Virginia and federal compliance deadlines set for January 1, 2025 and another for July 1, 2025. Below are key items to have in place along with some suggested best practices:Real World...more

Littler

Littler Lightbulb: August Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Regular Rate Exclusions

Epstein Becker & Green on

Employers are generally required to pay nonexempt employees overtime compensation of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek....more

Ballard Spahr LLP

Update on DOL’s Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions

Ballard Spahr LLP on

As we previously reported, the Department of Labor (DOL) published its final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” on April 23,...more

Fisher Phillips

Play for Pay? Bombshell Ruling Upends Amateurism in College Sports

Fisher Phillips on

Yesterday, a federal appeals court became the first to rule that student-athletes at NCAA Division I schools can bring a lawsuit claiming they are employees and may be entitled to minimum wage and overtime payments under...more

Conn Kavanaugh

Department of Labor to Expand Access to Overtime Pay Substantially in Two Phases Beginning July 1, 2024

Conn Kavanaugh on

On April 23, 2024, the Department of Labor (DOL) released a final rule raising the minimum salary thresholds for certain overtime exemptions under the federal Fair Labor Standards Act (FLSA), which effectively expands the...more

Seyfarth Shaw LLP

2023 FLSA Litigation Metrics & Trends

Seyfarth Shaw LLP on

Wage and hour litigation and enforcement actions continued as a hot-button concern in 2023, as plaintiffs’ lawyers advanced novel and creative claims and Supreme Court and appellate-level battles took place over long-accepted...more

Troutman Pepper Locke

Long-Term Part-Time Employee Eligibility Rules Now in Effect – Are You Ready?

Troutman Pepper Locke on

The Setting Every Community Up for Retirement Enhancement Act (SECURE 1.0) requires plans to permit employees who work at least 500 hours but less than 1,000 hours in three consecutive 12-month periods to make elective...more

Ballard Spahr LLP

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSA

Ballard Spahr LLP on

On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...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

Seyfarth Shaw LLP

Tips from Seyfarth: Challenge to DOL’s 80/20 Rule Likely to Head Back to the Fifth Circuit

Seyfarth Shaw LLP on

Seyfarth Synopsis: After a remand from the Fifth Circuit, a trial court has upheld the validity of the Department of Labor’s 2021 regulation codifying the 80/20 rule, raising the possibility of another appeal....more

Adams & Reese

US DOL Wins Latest Battle in War with Restaurant Associations over the Tipped Employee “80/20” Rule

Adams & Reese on

In Restaurant Law Center et al. vs. US Department of Labor, Case 1:21-cv-01106-RP (W.D. Tex. July 6, 2023), the Texas Federal District Court granted summary judgment in favor of the DOL, upholding the DOL’s December 2021...more

Proskauer - Law and the Workplace

Do We Have to Pay for That?  Part 3—Employee Expenses

In this blog series, we look at a variety of activities and items and discuss whether an employer has an obligation to pay for them (or the time employees spend in them). In our first installment of this series, we looked at...more

Seyfarth Shaw LLP

New York to Increase Wage Protections for Executive, Administrative, and Professional Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis:  The New York State Legislature has passed a bill that increases the earnings threshold for executive, administrative, and professional employees to file a complaint with the New York Department of Labor...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: NEW BONUS SESSION: Expert Testimony in Wage and Hour Litigation - March 2nd,...

DCI Consulting on

Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more

Sheppard Mullin Richter & Hampton LLP

What the Third Circuit’s Looming Decision Regarding Whether College Athletes Can Constitute “Employees” Will Mean for Universities...

The Third Circuit is expected to soon make a decision as to whether student-athletes can be considered university “employees” under the Fair Labor Standards Act (“FLSA”). But its interpretation of the law might reverberate...more

Brooks Pierce

Checking In: Wage Law Classification and Increased Litigation

Brooks Pierce on

Amidst the rollercoaster of the last few years, it can be tempting to take for granted many of the workplace challenges that predated COVID-19. Many of those timeless employment law issues, however, have resurfaced with a...more

Schwabe, Williamson & Wyatt PC

Injunction Sought Against Biden’s Increased Federal Contractor Minimum Wage Order ‎

In April 2021, President Biden issued Executive Order 14026 to increase the minimum wage for federal government contractors to $15 per hour. On November 23, 2021, the Department of Labor (DOL) issued its final rule...more

Saul Ewing LLP

DOL Final Rule for Tipped Employees Resurrecting the "80/20 Rule" (and More) Goes Into Effect on December 28

Saul Ewing LLP on

As service industry employers are aware, the Fair Labor Standards Act (FLSA) and its implementing regulations issued by the U.S. Department of Labor (DOL) allow for employers to take a credit against their minimum wage...more

Foley Hoag LLP

Minimum Wage Increased to $15 Per Hour for Federal Contractors

Foley Hoag LLP on

On November 22, 2021, the U.S. Department of Labor issued a Final Rule that will increase the minimum wage for employees who work on federal contracts. The Final Rule implements Executive Order 14026, which President Biden...more

Bradley Arant Boult Cummings LLP

Finally Final: The Tipped Employee Rule

As promised in our April 2021 post regarding the rules for tipped employees, here’s the update on the final rule. Recall that not all of the rule became effective earlier this year but certain portions were implemented to...more

Bradley Arant Boult Cummings LLP

Silverware Rollers Unite! DOL Proposes New Rule on Use of Tip Credit for Non-tipped Work

As we discussed in April, the Biden administration halted the implementation of some of the Trump administration’s changes to the rules on taking a tip credit for non-tipped work. For those that never have had a server job,...more

Butler Snow LLP

President Biden Increases Minimum Wage for Federal Contractors

Butler Snow LLP on

On April 27, 2021 President Biden issued Executive Order No. 14026 (the “Executive Order”) increasing the minimum wage for federal contractors. Starting January 30, 2022, all executive branch agencies must incorporate a $15...more

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