News & Analysis as of

Proposed Regulation Comment Period Fair Labor Standards Act (FLSA)

FordHarrison

The U.S. Department of Labor’s Proposed White Collar Exemption Changes

FordHarrison on

Under a new proposed rule from the U.S. Department of Labor (“DOL”), millions more workers would be eligible for overtime pay unless employers pay a much higher salary threshold. As it stands, under the Fair Labor Standards...more

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

Beltway Buzz - October 2023 #2

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business. Hot Mess in the House. It has been...more

Venable LLP

Employee or Independent Contractor: The Department of Labor Proposes a "New" Worker Classification Rule

Venable LLP on

​​​​​​​On October 11, 2022, the U.S. Department of Labor (the DOL) announced a proposed rule to reestablish the pre-2021 analytic framework for assessing the classification of workers under the Fair Labor Standards Act...more

Ervin Cohen & Jessup LLP

DOL Proposes New Tip Credit Rule

On June 23, 2021, the U.S. Department of Labor published a Notice of Proposed Rulemaking to limit the amount of non-tip producing work that a tipped employee can perform when an employee is taking a tip credit.  ...more

Bond Schoeneck & King PLLC

The U.S. Department of Labor Issues Proposed Regulations to Determine Independent Contractor Status Under the Fair Labor Standards...

On September 22, 2020, the U.S. Department of Labor (USDOL) issued proposed regulations regarding the determination of whether an individual is an employee under the Fair Labor Standards Act (FLSA) or an independent...more

White and Williams LLP

US DOL Seeks to Clarify Fluctuating Workweek Pay Method

White and Williams LLP on

Under the current U.S. Department of Labor (DOL) regulations, if certain conditions are met, an employer may pay an employee who works fluctuating hours a fixed salary for all hours worked and then an additional half-time for...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Proposes Rules on Bonus Pay for Fluctuating Workweeks

Last Monday, the U.S. Department of Labor’s Wage and Hour Division issued proposed regulations that would clarify employers’ use of incentive pay under the fluctuating workweek (FWW) pay method. FWW is an alternative pay plan...more

Littler

DOL Issues Proposed Regulations on Handling Tips and the “80/20 Rule”

Littler on

Over a year after Congress amended the Fair Labor Standards Act (FLSA) to clarify tip ownership questions, the U.S. Department of Labor (DOL) finally published a Notice of Proposed Rulemaking on October 8, 2019, with proposed...more

Fisher Phillips

USDOL Issues Proposed Changes to the Tip Credit Regulations

Fisher Phillips on

Employers that utilize the “tip credit” in the federal Fair Labor Standards Act (“FLSA”), or whose employees receive tips, should carefully consider regulatory changes that were proposed by USDOL today. While many of the...more

Littler

Three Proposed Regulations That Should Be on the Hospitality Industry's Radar

Littler on

The U.S. Department of Labor (“DOL”) has issued three sets of proposed regulations that significantly impact the Hospitality industry. ...more

Fisher Phillips

Labor Department’s Proposed Four-Factor Rule Would Limit Joint Employment

Fisher Phillips on

The U.S. Department of Labor just became the latest federal agency to propose a rule to limit the scope of joint employment liability, this time for wage and hour matters. If the rule released earlier yesterday is adopted in...more

Robinson+Cole Manufacturing Law Blog

New DOL Overtime Rule Impacts Manufacturers

The United States Department of Labor finally published its proposed regulation raising the minimum salary to be paid under the “white collar” exceptions to the Fair Labor Standards Act....more

Nilan Johnson Lewis PA

Department of Labor Proposes Latest Overtime Exemption Rules

Nilan Johnson Lewis PA on

On March 7, 2019, the Department of Labor announced its latest proposed rulemaking regarding the salary threshold for exemption from overtime. The salary threshold has been $455 per week ($23,660 annually) since 2004. In...more

Chambliss, Bahner & Stophel, P.C.

DOL Proposes Regulations to Increase FLSA Salary Level

Since 2004, the salary-basis test for determining an employee's exempt status under the Fair Labor Standards Act has been fixed at $455 per week. The U.S. Department of Labor issued regulations that were set to go into effect...more

Littler

Pennsylvania Department of Labor and Industry Proposes Amendments to the State's White Collar Exemption Regulations

Littler on

The Pennsylvania Department of Labor and Industry (DLI) responded to Governor Tom Wolf’s call to modernize Pennsylvania’s outdated overtime rules for “white collar” employees. ...more

Fisher Phillips

USDOL Seeks To Narrow Tip-Retention Prohibition

Fisher Phillips on

We have previously written about the U.S. Department of Labor's position adopted in 2011 saying that an employer may not retain any of an employee's tips even if management: • Takes no tip-credit under the federal Fair...more

Sheppard Mullin Richter & Hampton LLP

U.S. Department of Labor Issues Proposed Regulations Regarding Federal Contractors’ Obligation To Provide Paid Sick Leave To...

On Thursday, February 25, 2016, the U.S. Department of Labor (“DOL”) issued proposed regulations for implementing Executive Order 13706, which requires federal contractors to provide up to 56 hours of paid sick leave to its...more

Blank Rome LLP

Public Comment Period on DOL Proposed “White Collar” Exemption Regulations Closes with a Bang

Blank Rome LLP on

Action Item: As the public comment period closed on the U.S. Department of Labor’s proposed revisions to the “white collar” exemptions under the Fair Labor Standards Act (“FLSA”), the Wage & Hour Defense Institute (“WHDI”),...more

Franczek P.C.

DOL Will Not Extend Comment Period on Proposed Regulations

Franczek P.C. on

In July, we wrote about the Department of Labor’s proposed changes to the regulations governing the white collar exemptions of the Fair Labor Standards Act. The current regulations governing these exemptions—executive,...more

Proskauer - Law and the Workplace

DOL Won’t Extend 60-Day Comment Period on Proposed Revisions to “White Collar” Exemptions

U.S. Department of Labor Wage and Hour Division chief David Weil reportedly told Congress yesterday that the agency won’t extend the 60-day public comment period for its proposed revisions to the FLSA’s “white collar”...more

Brooks Pierce

Employer Alert: Proposed Regs Allow More Employees To Be Eligible for Overtime

Brooks Pierce on

On July 6, 2015, the Department of Labor (“DOL”) proposed new regulations that would significantly raise the salary requirements for executive, administrative, professional, and computer professional employees (“white collar...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar...more

PilieroMazza PLLC

Weekly Update Newsletter - July 2015 #2

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GOVERNMENT CONTRACTS - Contractor Past Performance Assessment Report–3rd Quarter Fiscal Year 2015 - The Office of Federal Procurement Policy (OFPP) issued the contractor past performance assessment reporting for the...more

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

Should Employers Be Allowed to Count Nondiscretionary Bonuses Toward the FLSA’s Minimum Salary Threshold? The DOL Wants Your...

As we reported last week in “A Call to Action: The Comment Period on the new Proposed Overtime Regulations Begins,” employers have a limited window of opportunity to submit comments in response to the proposed revisions to...more

Arnall Golden Gregory LLP

DOL Seeks to Increase the Number of Employees Eligible for Overtime

The U.S. Department of Labor (“DOL”) has finally revealed its anticipated proposed changes to the Fair Labor Standards Act’s (“FLSA”) overtime exemptions. See 80 F.R. 38515 (July 6, 2015). Employers should brace themselves...more

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