News & Analysis as of

Minimum Wage Fair Labor Standards Act (FLSA) Appeals

Jackson Lewis P.C.

Reprieve Extended? DOL to Halt Efforts to Restore 2024 Minimum Salary Rule for Exempt Employees

Jackson Lewis P.C. on

Employers were granted a reprieve last fall when a federal court invalidated the U.S. Department of Labor’s (DOL’s) final rule increasing the minimum salary requirements for the “white collar” or “EAP” exemptions (executive,...more

Jackson Lewis P.C.

Trump Revokes Biden Federal Contractor Minimum Wage Mandate: What to Expect Next

Jackson Lewis P.C. on

President Donald Trump has rescinded President Joe Biden’s executive order (EO) increasing the minimum wage for employees of federal contractors. The rescission was one of numerous Biden EOs revoked by Trump in a second wave...more

Butler Snow LLP

SCOTUS Confirms Lower Standard of Proof for Employers Claiming FLSA Exemptions

Butler Snow LLP on

Last month the United States Supreme Court (“SCOTUS”) delivered a pro-employer ruling on the standard of proof required under certain provisions of the Fair Labor Standards Act (FLSA). In E.M.D. Sales, Inc. v. Carrera, the...more

McGlinchey Stafford

Executive Orders and Federal Contractors: Minimum Wage Requirements Called into Question

McGlinchey Stafford on

We’ve seen the President issue a number of executive orders in recent weeks. What is the precedent for these orders, particularly when it comes to governing the operations of federal contractors? What is the process for these...more

Jackson Lewis P.C.

Uncertainty for Federal Contractors: Circuits Split as Fifth Circuit Upholds Minimum Wage Mandate

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fifth Circuit has reversed a Texas federal court’s decision that invalidated President Joe Biden’s executive order increasing the hourly minimum wage for employees of federal contractors. The...more

Jackson Walker

Supreme Court Lowers Burden of Proof for FLSA Overtime Exemptions

Jackson Walker on

On January 15, 2025, the Supreme Court for the United States issued an opinion interpreting the standard of proof employers must meet to establish the applicability of an exemption to the overtime requirements of the Fair...more

Vedder Price

Supreme Court Clarifies Burden of Proof Standard for FLSA Claims

Vedder Price on

Last week, in a highly anticipated ruling, the U.S. Supreme Court issued its decision in EMD Sales Inc. v. Carrera, Case No. 23-217, concluding that a preponderance-of-the-evidence standard applies when an employer seeks to...more

Morgan Lewis

US Supreme Court Rejects Heightened Standard for Proving FLSA Exemptions

Morgan Lewis on

The US Supreme Court issued a unanimous decision on January 15, 2025 in EMD Sales Inc. v. Carrera clarifying the evidentiary standard employers must meet to show that an employee is exempt from overtime and minimum wage...more

Pullman & Comley - Labor, Employment and...

U.S. Supreme Court Confirms that Employers Are Not Subject to Heightened Standard in Proving Compliance with Federal Overtime and...

The Fair Labor Standards Act (FLSA) has been a source of stress for employers since its passage in 1938.  It establishes minimum wage, overtime pay, recordkeeping and youth employment standards affecting employees in the...more

Jackson Lewis P.C.

U.S. Supreme Court Makes Clear There Is No Heightened Standard for Employers to Establish an FLSA Exemption Applies

Jackson Lewis P.C. on

Employers do not have to meet a heightened standard of proof to establish that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), the U.S. Supreme Court held...more

Foley & Lardner LLP

Supreme Court Set to Determine Burden of Proof on Fair Labor Standards Act Exemptions

Foley & Lardner LLP on

The U.S. Supreme Court has set oral argument for November 5, 2024, in E.M.D. Sales, Inc. v. Carrera. The issue before the court is what standard of proof employers must satisfy to demonstrate that a Fair Labor Standards...more

Fisher Phillips

Appeals Court Strikes Down Onerous 80/20/30 Tip Credit Rule: 7 Things Hospitality Employers Should Know About This Win

Fisher Phillips on

A federal appeals court just delivered some good news to hospitality employers by blocking the Department of Labor’s infamous 80/20/30 rule, providing immediate relief to employers around the country by vacating the...more

Adams & Reese

Are College Athletes Considered Employees? Court Denies NCAA Appeal in Win for Athletes

Adams & Reese on

The possibility remains that college athletes could be considered employees under federal minimum-wage laws, following a U.S Appeals Court ruling on Thursday. The NCAA had sought a definitive ruling to prevent athletes...more

Fisher Phillips

Fresh From The Oven: Appeals Court Tosses Out Rulings on Pizza-Delivery Driver Mileage Rates, Serves Several Wins for Employers

Fisher Phillips on

An appeals court just ruled that pizza companies do not need to use the Internal Revenue Service’s standard mileage rate when reimbursing their delivery drivers for the actual costs of using their vehicles for work. In...more

Rumberger | Kirk

Employers Should Revamp Pay Practices Following Labor Rulings

Rumberger | Kirk on

New direction from court rulings has caught the attention of employment lawyers, signaling that employers should be auditing and adjusting their pay practices. The rulings involve one of the oldest employment laws—the...more

Bass, Berry & Sims PLC

Sixth Circuit Adopts New Certification Procedure Under the FLSA

Bass, Berry & Sims PLC on

The Fair Labor Standards Act (FLSA) provides a process by which an employee or a small group of employees can sue for unpaid wages, often in the form of overtime, and can also claim to be representing all others “similarly...more

ArentFox Schiff

California Wage and Hour Potpourri: Liquidated Damages, UCL Awards, Sick Leave Penalties, Rent in Waiting Time Penalties, and More

ArentFox Schiff on

Sometimes, a wage and hour decision touches upon several noteworthy issues, either addressing them for the first time, in new contexts, or serving as a good reminder on topics. ...more

Littler

Eleventh Circuit Concludes that Property Damage Investigators Do Not Fall Under FLSA’s Administrative Exemption

Littler on

In Fowler v. OSP Prevention Group, Inc., the U.S. Court of Appeals for the Eleventh Circuit relied on Department of Labor guidance to conclude that property damage investigators do not qualify for the Fair Labor Standards...more

Steptoe & Johnson PLLC

Third Circuit Court of Appeals Will Determine Whether Student Athletes Can Be Classified as ‘Employees’ Under FLSA

Steptoe & Johnson PLLC on

Since last year’s significant SCOTUS decision in Alston curtailing the NCAA’s ability to limit student athlete compensation for certain educational benefits, the landscape continues to shift in unprecedented ways. Now, the...more

ArentFox Schiff

Class Actions Quarterly Update: Supreme Court

ArentFox Schiff on

The Supreme Court ruled on several cases involving class actions in the last few months. A case awaiting certiorari could dramatically change the jurisdictional requirements for plaintiffs in class actions across the country....more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

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

Employment Law Legends, Episode 1 – Employment Law Reborn: West Coast Hotel v. Parrish

Our new series, Employment Law Legends, examines pivotal employment law cases—from the history behind them to their lasting impact. In the first episode of the series, Paul Rinnan discusses West Coast Hotel v. Parrish, a case...more

Proskauer - Law and the Workplace

Texas Appellate Court Rules Austin City Paid Sick and Safe Leave Ordinance Unconstitutional

As we previously reported, in February 2018, the city of Austin, Texas passed a paid sick and safe leave ordinance (the “Ordinance”) that would have required companies to provide paid sick and safe leave to their employees....more

Parker Poe Adams & Bernstein LLP

Full Ninth Circuit Defers to DOL's Interpretation of Payment for Non-Tipped Work

Employers in the hospitality industry continue to face class and collective action lawsuits based on alleged violations of minimum wage requirements for tipped workers. Most of this litigation involves interpretation of the...more

Laner Muchin, Ltd.

Recent Ninth Circuit Decision Highlights An Employer’s Obligation Under the Dual Jobs Regulation Of The FLSA

Laner Muchin, Ltd. on

On September 18, 2018, the Ninth Circuit Court of Appeals issued a decision which once again brings to the forefront employers’ obligations under the Fair Labor Standards Act (FLSA) and other state minimum wage laws....more

64 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide