News & Analysis as of

Notice of Proposed Rulemaking (NOPR) Fair Labor Standards Act (FLSA)

NAVEX

The Department of Labor Overtime Rule: A Compliance Guide for SMBs

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A final rule issued by the Department of Labor (DOL) revises the salary requirements for determining minimum wage and overtime pay exemptions under the Fair Labor Standards Act (FLSA). This article reviews the rule changes...more

Eversheds Sutherland (US) LLP

DOL’s final rule: You say “overtime” I say “salary thresholds”

The US Department of Labor (DOL) released its final rule to increase the federal salary threshold for exemption under the Fair Labor Standards Act (FLSA) on April 23, 2024. DOL had previously issued On August 30, 2023, the US...more

White and Williams LLP

Déjà vu – the Department of Labor’s Final Rule on Worker Classification

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On January 9, 2024, the United States Department of Labor (the “Department”) announced its final rule on classifying workers as employees or independent contractors under the Fair Labor Standards Act (FLSA). Effective March...more

Seyfarth Shaw LLP

Department of Labor Issues Final Rule on Independent Contractor Definition under the Fair Labor Standards Act

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Seyfarth Synopsis:  Yesterday the U.S. Department of Labor issued its final rule, attempting to define employee versus independent contractor status under the Fair Labor Standards Act (FLSA) (the “Final Rule”).  The Final...more

Ward and Smith, P.A.

New Year, (Potentially) New Rules?

Ward and Smith, P.A. on

Sometimes, the only constant is change.  This New Year is no different.   In 2023, we saw several developments in labor and employment law, including federal and state court decisions, regulations, and administrative agency...more

White and Williams LLP

Employment Law 2024: What’s Here and What’s on the Horizon

With the New Year here, new laws, rules and regulations are now in effect that may impact your company’s business. While finalizing employee handbook revisions and preparing for the year ahead, employers should consider the...more

Proskauer - Law and the Workplace

White House Clears Independent Contractor Final Rule

On January 2, 2024, the Office of Information and Regulatory Affairs (OIRA) completed its review of the U.S. Department of Labor’s final rule on independent contractor classification under the Fair Labor Standards Act. The...more

Manatt, Phelps & Phillips, LLP

DOL Seeks to Raise Salary for FLSA’s White Collar Exemption

Following in the footsteps of the Department of Labor (DOL) under the Obama Administration, the agency released a notice of proposed rulemaking (NPRM) that would raise the minimum salary to qualify for a white collar...more

Smith Debnam Narron Drake Saintsing & Myers,...

It’s Déjà Vu All Over Again: US Department of Labor Announces Intent To Revise Overtime Rule

The Federal Fair Labor Standards Act (“FLSA”) codifies the employment relationship as it relates to the payment of wages. Under the FLSA, employees generally must be paid an overtime rate of 1.5 times their regular rate of...more

Mintz - Employment Viewpoints

Changes May be Coming to White-Collar Exemption Salary Thresholds

The U.S. Department of Labor (the “DOL”) recently announced a Notice of Proposed Rulemaking, which could make at least 3 million more lower-wage workers overtime-eligible....more

Foley & Lardner LLP

DOL Seeks to Change Exempt Salary Threshold

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Employers of salaried workers beware — you may soon have to give raises to members of your workforce in order to keep them exempt from overtime entitlement. On August 30, 2023, the U.S. Department of Labor (DOL)...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

Bradley Arant Boult Cummings LLP

Déjà Vu All Over Again? DOL Proposes New Rule on Salaried Exemption Threshold

The DOL issued a Notice of Proposed Rulemaking proposing, among other things, to increase the salary threshold for white-collar overtime exemptions. You may recall that there was a lot of discussion about this back in 2016...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Not Again! DOL Proposes to Increase Salary Threshold Levels for Overtime Exemptions for the Third Time in Eight...

On August 30, 2023, the U.S. Department of Labor (DOL) announced its Notice of Proposed Rulemaking (NPRM) concerning updates to the Fair Labor Standards Act’s (FLSA) overtime regulations, specifically the executive,...more

Troutman Pepper

Department of Labor Introduces New Proposal to Revise Salary Threshold

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On August 30, the Department of Labor (DOL) issued a Notice of Proposed Rulemaking seeking to increase the white-collar exemption salary threshold — that is, the amount an executive, administrative, or professional employee...more

Proskauer - Law and the Workplace

DOL Proposes Updated Overtime Exemptions Rule, Raising Minimum Salary to $55,086

On August 30, 2023, the U.S. Department of Labor (“DOL”) released its proposed new rule on the “white collar” overtime exemptions. The new rule, which would be codified in a revised 29 C.F.R. Part 541, will be published...more

ArentFox Schiff

Department of Labor Proposes Significant Increase in FLSA Exempt Salary Threshold

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On August 30, 2023, the US Department of Labor announced a Notice of Proposed Rulemaking, which would increase the white-collar exemption salary threshold for employees to qualify as exempt under the Fair Labor Standards Act...more

McNees Wallace & Nurick LLC

Here We Go Again – DOL Proposes Big Increases to the Minimum Salary Requirements for the FLSA’s White-Collar Exemptions

On August 30, 2023, the U.S. Department of Labor issued proposed regulations that would sharply increase the minimum salary requirements for the Fair Labor Standards Act’s white-collar overtime exemptions.  These proposed...more

Seyfarth Shaw LLP

DOL Delivers a Proposed Salary Bump to FLSA Overtime Thresholds for Labor Day

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Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and...more

Miller Canfield

DOL Issues Proposed Rule Addressing Independent Contractor Status

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On October 13, 2022, the Department of Labor (DOL) issued a notice of proposed rulemaking (Notice) that seeks to clarify the analysis for determining whether a worker is an employee or independent contractor. According to the...more

DirectEmployers Association

OFCCP Week In Review: October 2022 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott....more

Foley & Lardner LLP

What’s Old is New Again: The DOL’s “New” Proposed Rule on Independent Contractors Returns to a Pre-Trump Test for Worker...

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On October 11, the Department of Labor (DOL) announced a proposed rule that would replace the Trump administration’s worker classification test, and may make it more difficult to classify workers as independent contractors. ...more

Perkins Coie

US Department of Labor Proposes Independent Contractor Rule

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The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (the Proposed Rule) on October 13, 2022, that proposes guidance on determining employee or independent contractor classification under the Fair...more

ArentFox Schiff

DOL Issues Notice of Proposed Rulemaking Revisiting Definition of Independent Contractor

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On October 11, 2022, the US Department of Labor (DOL) issued a notice of proposed rulemaking that would revisit the definition of an independent contractor under the Fair Labor Standards Act (FLSA)....more

Jackson Lewis P.C.

What’s Old is New Again: Labor Department Flip-Flops on Independent Contractor Analysis

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM), seeking to revise the standard for determining whether a worker is an employee or “independent contractor” under the Fair Labor Standards...more

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