News & Analysis as of

Minimum Wage Fair Labor Standards Act (FLSA)

Parker Poe Adams & Bernstein LLP

DOL Announces Abandonment of Independent Contractor Rule

In 2024, the Department of Labor adopted regulations limiting the definition of independent contractors exempt from the provisions of the Fair Labor Standards Act’s overtime and minimum wage requirements....more

Woods Rogers

Unpaid Internships: The Line Between Learning and Labor

Woods Rogers on

With warmer days ahead, many individuals are eager to grow their skills and build their resumes. If you’re planning to bring on summer interns, it’s the perfect time for a quick reality check: are your interns a benefit or...more

Fisher Phillips

Where Do We Stand? An Action Plan for Employers on Tip Credit Compliance and the 80/20 Rule

Fisher Phillips on

Many employers in hospitality and other service industries take the tip credit toward their minimum wage obligation under federal wage and hour law – but complying with evolving rules has been challenging in recent years....more

Robinson+Cole Manufacturing Law Blog

Spring Things for Employers to Consider

Trees are beginning to bloom, and bees are buzzing in flower fields as spring is officially underway. As summertime approaches and temperatures continue to rise, employers should be prepared for “Spring Things,” such as...more

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

Miles Mediation & Arbitration

Wage Dispute Danger: What Employers Must Keep in Mind

In my 20+ years as a management-side employment lawyer, I used to receive calls about all kinds of workplace situations, but there is one category that still gives me nightmares. “Hi Steve. Long time, no talk. The reason I’m...more

Tucker Arensberg, P.C.

What Employers Need to Know Before Offering an Unpaid Internship

Tucker Arensberg, P.C. on

With summer approaching, some employers may be looking to bring in interns during their break from school. Internships are great as they provide students with real-world training and experience, which supplements the learning...more

Littler

Policy Week in Review – April 2025 #2

Littler on

Supreme Court Temporarily Blocks Decision Allowing Reinstatement of NLRB Member Wilcox  - On April 7, the U.S. Court of Appeals for the D.C. Circuit ruled that National Labor Relations Board Member Gwynne Wilcox could...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

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

Conn Maciel Carey LLP

State Wage-Hour Enforcement Likely to Rise as Federal Enforcement Tackles Reduced Resources

Conn Maciel Carey LLP on

As the priorities of the new Administration take shape, we foresee states stepping in to take on a more significant role in enforcing wage and hour laws and regulations over the next several years. This was one of the main...more

Littler

President Trump Decreases Minimum Wage for Federal Contractors

Littler on

On March 14, 2025, President Trump issued an executive order ending the obligation to pay individuals working on or in connection with certain federal contracts or subcontracts a minimum wage currently set at $17.75 per hour....more

Dinsmore & Shohl LLP

Federal Contractor Minimum Wage Executive Order Revoked

Dinsmore & Shohl LLP on

Employees of federal contractors are no longer entitled to special federal minimum wage rates for work performed on, or associated with, certain federal contracts. On March 14, 2025, President Donald Trump issued an Executive...more

Ice Miller

President Trump Eliminates Increased Minimum Wage for Federal Contractors

Ice Miller on

After years of litigation surrounding executive orders establishing a minimum wage for federal contractors, on March 14, 2025, President Trump signed an executive order revoking Executive Order (EO) 14026 issued by former...more

Troutman Pepper Locke

Travel Industry Exposed to Independent Contractor Misclassification Claims: February 2025 IC Legal News Update

Troutman Pepper Locke on

Few industries are immune from class actions alleging IC misclassification of workers paid on a 1099 basis. One industry that has not yet been besieged by these types of lawsuits is travel, but that may be changing. ...more

Jackson Lewis P.C.

A Mixed Bag for Michigan Employers: Legislature Accelerates Minimum Wage Increases but Saves the Tip Credit

Jackson Lewis P.C. on

The Michigan legislature amended the state’s Wage Act on Feb. 20, 2025, in a compromise measure that accelerated the schedule of minimum wage increases but staved off a complete phaseout of the tip credit for workers who...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

Lerch, Early & Brewer

Supreme Court Clarifies Burden for Employers Seeking to Establish That Employees are Exempt From Minimum Wage Requirements

Lerch, Early & Brewer on

In a decision which should provide some comfort to employers, the Supreme Court recently held in E.M.D. Sales, Inc., et. al. vs. Carrera, et. al. that employers do not have a higher burden of proof demonstrating that an...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

Fisher Phillips

The Auto Dealer’s Guide to FLSA Exemptions: An Inventory of Commonly Used Categories + Your Maintenance Plan to Stay Compliant

Fisher Phillips on

Auto dealerships employ a wide range of workers and often maintain a variety of complex pay plans, which can make compliance with federal wage and overtime rules extra challenging. Since violations of the Fair Labor Standards...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

FordHarrison

Virginia Legislature Poised to Significantly Increase Employer Exposure for Wage and Discrimination Claims

FordHarrison on

The Virginia General Assembly is currently considering new legislation with substantial impact on Virginia businesses.  Two of these new bills are House Bill 2561 and Senate Bill 1052....more

Robinson Bradshaw

SCOTUS Rejects Heightened Evidentiary Standard for FLSA Exemption Claims in Fourth Circuit

Robinson Bradshaw on

On Jan. 15, the U.S. Supreme Court issued a unanimous decision in E.M.D. Sales, Inc. v. Carrera, firmly indicating that employers must establish by a “preponderance of the evidence” that an employee is exempt from the Fair...more

Clark Hill PLC

Supreme Court Clarifies Burden of Proof in FLSA Exemption Cases, Leaves Key Questions Unanswered

Clark Hill PLC on

On Jan. 15, the United States Supreme Court issued its decision in E.M.D. Sales, Inc. v. Carrera, which clarified that employers need only prove that an employee is exempt from the Fair Labor Standards Act (“FLSA”) by a...more

Miles & Stockbridge P.C.

U.S. Supreme Court Rejects Heightened Standard for Proving FLSA Exemptions

Employers are breathing a sigh of relief after the U.S. Supreme Court last week unanimously confirmed the application of a “preponderance of the evidence” standard to an employer’s burden of proof when it seeks to establish...more

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