News & Analysis as of

Misclassification Over-Time Department of Labor (DOL)

Harris Beach Murtha PLLC

U.S. Supreme Court Unanimously Rejects Heightened Standard of Proof for FLSA Overtime Exemptions

A recent decision by the U.S. Supreme Court solidified the evidentiary standard of proof for federal wage law disputes where employers seek to establish their employees are appropriately classified as exempt under the Fair...more

Sands Anderson PC

The Supreme Court Holds That Employers Need Not Prove Wage & Hour Exemptions Under a Heightened Standard of Proof

Sands Anderson PC on

In E.M.D. Sales, Inc. v. Carrera, the Supreme Court decided the burden of proof an employer must meet to prove that an employee is exempt from the overtime and minimum wage requirements of the Fair Labor Standards Act. The...more

Lowndes

U.S. Supreme Court Rejects Higher Standard of Proof for Overtime Exemptions

Lowndes on

In a win for employers, the U.S. Supreme Court ruled this week in E.M.D. Sales, Inc. v. Carrera that employers need only prove an exemption from overtime under the Fair Labor Standards Act (FLSA) by a “preponderance of the...more

Ruder Ware

Judge Tosses DOL Overtime Increase – What Employers Should Be Considering and Other Wage & Hour Reminders

Ruder Ware on

On November 15, 2024, a federal judge for the U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s (DOL’s) 2024 overtime rule (“Overtime Rule”). This decision came months after the...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

Fisher Phillips

Wage and Hour Officials Focus on Healthcare Employers in Southeastern U.S. – 5 Tips to Avoid Trouble

Fisher Phillips on

Federal wage and hour officials have trained their attention on healthcare employers in the Southeastern United States – and we expect this scrutiny to continue into the new year. The past year alone saw the Department of...more

Bradley Arant Boult Cummings LLP

That’s [Mis]Classified: What Employers Must Prove to Claim an FLSA Overtime Exemption

By now, everyone has heard about the Texas court putting the kibosh on the new salary exempt thresholds. In other exemption classification news, the United States Supreme Court is set to issue an opinion in early 2025...more

Fisher Phillips

Headed to Overtime? 3 Tips to Tackle the Higher Salary Threshold for College Coaches and Athletics Staff

Fisher Phillips on

Colleges and universities are feeling the heat after recent increases to the salary threshold for employees to be exempt from overtime pay under federal wage and hour law. The new rules may have significant implications for...more

Fisher Phillips

Nursing Facilities Ordered to Pay $36M in Overtime Suit: 9 Wage and Hour Tips for Healthcare Employers

Fisher Phillips on

A group of nursing facilities in Pennsylvania was recently ordered to pay a whopping $36 million in overtime pay and damages to workers who claimed their employers deliberately paid them less than they actually earned. After...more

Spilman Thomas & Battle, PLLC

Everything Old is New Again: The Department of Labor Returns to the Past with Independent Contractors

It has been said that if you wait long enough, everything comes back into fashion. This saying is true even for the U.S. Department of Labor (DOL), where on March 11, 2024, the DOL reverted back to the multifactor,...more

ArentFox Schiff

Top 10 Legal Challenges for Employers

ArentFox Schiff on

With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Robinson Bradshaw

How the DOL’s Independent Contractor Rule Tug-of-War Could Affect Your Company

Robinson Bradshaw on

Independent contractors are not entitled to minimum-wage and overtime-pay protections that the Fair Labor Standards Act (FLSA) affords to employees. Therefore, classifying workers as employees or independent contractors can...more

Nelson Mullins Riley & Scarborough LLP

Department of Labor Issues New Rule Regarding Classification of Independent Contractors

Recently, the U.S. Department of Labor (DOL) issued a new rule redefining how workers are classified under the Fair Labor Standards Act (FLSA). The final rule, which will make it more challenging to classify workers as...more

Troutman Pepper Locke

DOL Publishes Final Independent Contractor Rule

Troutman Pepper Locke on

On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of...more

Amundsen Davis LLC

Employee or Independent Contractor? U.S. Department of Labor Changes the Standard

Amundsen Davis LLC on

On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule on the standard for determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule is set to...more

CDF Labor Law LLP

Department of Labor’s Controversial Rule to Determine Independent Contractor Status

CDF Labor Law LLP on

On January 10, 2024, the U.S. Department of Labor (“Department”) changed the test as to whether a worker is an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). This final rule rescinds the...more

Hinckley Allen

It’s Final: DOL Releases Long-Anticipated Independent Contractor Rule

Hinckley Allen on

This week, the Department of Labor (“DOL”) released a final rule that changes the criteria for classifying independent contractors under federal law. We first wrote about the rule change back in October 2022 when the rule was...more

Franczek P.C.

US DOL Issues Final Rule on Independent Contractors

Franczek P.C. on

On January 9, 2024, the U.S. Department of Labor announced a new final rule revising the test for whether workers are considered to be employees versus independent contractors for purposes of the Fair Labor Standards Act. The...more

Burr & Forman

New Independent Contractor Rule: Final Regulations on Department of Labor’s Independent Contractor Assessment

Burr & Forman on

After issuing proposed rules and seeking public comment in October 2022, the Department of Labor (DOL) announced the finalized regulations for its new Independent Contractor Rule (the New Rule), which takes effect on March...more

Polsinelli

The Department of Labor Releases the New Independent Contractor Test

Polsinelli on

On January 9, 2024, the U.S. Department of Labor released the final details of their Independent Contractor test. This test addressing when companies can classify workers as independent contractors has been hotly debated...more

Carr Maloney P.C.

Changes to the IRS/DOL Definition of "Independent Contractor"

Carr Maloney P.C. on

Effective on March 11, 2024, the definition of independent contractor will change for purposes of entitlement to overtime and payment of employment taxes....more

Fox Rothschild LLP

A New USDOL Wage and Hour Division Administrator Will Continue The Pro-Employee Agenda of The Biden Administration

Fox Rothschild LLP on

The office of Wage-Hour Administrator, a vital office in the functioning and direction of the USDOL, has now at long last, been filled. On October 25, 2023, Jessica Looman was confirmed to this post, by a small margin of the...more

Fox Rothschild LLP

What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unawares!

Fox Rothschild LLP on

As is common knowledge, and as I wrote last week, the USDOL has proposed to raise the minimum salary required for exempt status for the Part 541 white collar exemptions to more than $1000 per week. Although that will...more

Pillsbury Winthrop Shaw Pittman LLP

Practical Implications of the DOL’s Proposed Increase to the Minimum Salary Level for Exempt Employees

The Department of Labor has proposed raising the minimum salary threshold for “white-collar” exemptions under the FLSA to $55,068 annually. The proposed rule would also raise the threshold for “highly compensated...more

Kohrman Jackson & Krantz LLP

DOL Works to Limit the Number of Overtime Exempt Workers with Proposed New Rule

FAIR LABOR STANDARDS ACT (FLSA) OVERVIEW - The Fair Labor Standards Act (FLSA) requires that all covered employers pay their employees compensation for hours worked over forty per week at one and a half times their regular...more

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