News & Analysis as of

Regulatory Agenda Wage and Hour Fair Labor Standards Act (FLSA)

Brooks Pierce

Counting Down to the New Year: Ten “Need-to-Know” Labor and Employment Developments of 2024

Brooks Pierce on

2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...more

Venable LLP

Wage and Hour Law during Trump's Next Administration: Issues We're Watching

Venable LLP on

As the country prepares for a new presidential administration, employers and employees alike face questions about the future of wage and hour law. While there is potential for change in various wage and hour issues during the...more

Spilman Thomas & Battle, PLLC

Texas Court Strikes Down DOL Overtime Rule: Analysis and Impact on Employers

On November 15, 2024, in Texas v. United States Department of Labor, a Texas federal district court struck down a U.S. Department of Labor (DOL) final rule that would have raised the minimum salary threshold for exempt...more

Whiteford

Employment Law Update: Court Strikes Down 2024 Overtime Pay Regulations: What Employers Need To Know

Whiteford on

On November 15, 2024, the Eastern District of Texas invalidated the newly established overtime pay regulations issued by the U.S. Department of Labor (DOL) in 2024. These regulations incrementally increased the minimum salary...more

Bradley Arant Boult Cummings LLP

Another Rule Bites the Dust: Court Invalidates Rule Requiring Higher Salaries to be Exempt from Overtime

On Friday, November 15, 2024, the United States District Court for the Eastern District of Texas set aside the Department of Labor’s (DOL) rule increasing the minimum salary level for the executive, administrative, and...more

UB Greensfelder LLP

Federal Judge Strikes Down New Overtime Rule Nationwide

UB Greensfelder LLP on

On November 15, 2024, the U.S. District Court for the Eastern District of Texas struck down the U.S. Department of Labor’s (DOL’s) final rule that was set to raise the minimum salary threshold for “white collar” employees to...more

Verrill

FLSA Salary Exemption Hike Set Aside Nationally: What to Do Now?

Verrill on

Earlier today, November 15, 2024, United States District Court Judge Sean D. Jordan of the Eastern District of Texas, granted summary judgment against the Department of Labor determining that the United States Department of...more

Perkins Coie

The White-Collar Wage War: Fifth Circuit Backs DOL’s Power To Set Salary Threshold

Perkins Coie on

In Mayfield v. United States Dep't of Labor, the U.S. Court of Appeals for the Fifth Circuit affirmed a lower court's ruling that the U.S. Department of Labor (DOL) has authority to set a minimum salary threshold for the...more

Perkins Coie

Ninth Circuit Holds Salary Basis Test Requires Courts to Analyze How Public Employees Are “Actually Paid”

Perkins Coie on

Recently, the United States Court of Appeals for the Ninth Circuit addressed whether staff nurses for the City and County of San Francisco (the City) were entitled to time-and-a-half overtime or whether the method of...more

Steptoe & Johnson PLLC

Federal Appeals Court Deals Mortal Blow to Tipped Employee Regulations

Steptoe & Johnson PLLC on

Details Hospitality employers with tipped employees received welcome news late last month when a federal appeals court overturned the Department of Labor’s (DOL) so-called 80/20/30 Rule, the highlight of a new set of...more

Bradley Arant Boult Cummings LLP

Tipped Out? 5th Circuit Negates DOL Tip Credit Rule

How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Schwabe, Williamson & Wyatt PC

The DOL’s New Overtime Rule is Heading Straight for ‎Us

Ready or Not, Here It Comes – What Should Employers Do Now? The Department of Labor’s September 2023 proposed rule to expand overtime protections to millions of employees is the proverbial freight train heading right for...more

Seyfarth Shaw LLP

A Four-Day Workweek? What Employers Can Expect from Congress’ Newest Fight for a 32-Hour Workweek

Seyfarth Shaw LLP on

A new piece of legislation introduced in Congress, if enacted, would amend the Fair Labor Standards Act to establish 32-hour workweek for non-exempt employees, with no loss in pay. While the bill is unlikely to gain steam, it...more

Akerman LLP - HR Defense

Update: The DOL’s New Overtime Rule is Officially in the Pipeline

Following up on our previous blog post about the DOL’s Proposed Rule raising minimum salary thresholds for exempt workers, we are now getting closer to game time. The DOL recently submitted a proposed Final Rule through the...more

Nelson Mullins Riley & Scarborough LLP

Proposed DOL Overtime Rule Increasing the Minimum Salary Threshold for Exempt Employees Likely to Take Effect Later this Year

A Department of Labor (DOL) proposed rule increasing the minimum salary threshold for exempt employees is projected to change the exempt status of approximately 3.4 million employees and go into effect as early as June 2024....more

Polsinelli

New Year, New Rules? 2024 May See Implementation Of The DOL’s Proposal For Increased Exemption Salary Thresholds While...

Polsinelli on

As 2023 comes to a close, so did the notice-and-comment period for the U.S. Department of Labor’s (DOL) proposed rule increasing the minimum salary required for employees to be exempt under any of the “White Collar...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Bodman

Department of Labor Proposes an Increase to the FLSA Exempt Employee Salary Threshold; Is 2023(4) the New 2019 or 2017?

Bodman on

On August 30, 2023 the U.S. Department of Labor (“DOL”) announced the much anticipated Notice of Proposed Rulemaking (“NPRM”) which, if implemented, would increase certain otherwise salary exempt employees’ compensation under...more

Epstein Becker & Green

The 8 and 80 Overtime System and How It Affects Healthcare Establishments

Epstein Becker & Green on

What is the 8 and 80 overtime system? The Fair Labor Standards Act (“FLSA”) generally requires covered employers to pay non-exempt employees overtime for all hours worked over 40 hours in a work week. However, the FLSA...more

Gray Reed

Proposed DOL Regulations Seek to Raise Salary Thresholds for Overtime Exemptions

Gray Reed on

The U.S. Department of Labor (DOL) has proposed new regulations that seek to increase the salary thresholds for overtime pay exemptions under the Fair Labor Standard Act (FLSA). If implemented, nearly 3.6 million employees...more

Lerch, Early & Brewer

Preparing for Possible New Changes to Federal OT Regulations: What Employers Need to Know

Lerch, Early & Brewer on

The Department of Labor, on August 30, 2023, proposed changes to the so-called “white collar” exemptions to the federal overtime regulations. If adopted and implemented, the proposed changes would result in millions of...more

Littler

Will the FLSA Regulations for Exempt Employees Apply to Puerto Rico Operations?

Littler on

On August 30, 2023, the United States Department of Labor, Wage and Hour Division, released a Notice of Proposed Rulemaking (NPRM) to update and revise the regulations under the federal Fair Labor Standards Act regarding...more

FordHarrison

DOL's New Proposed Overtime Rule Would Drastically Increase the Salary Threshold for the White Collar Overtime Exemption

FordHarrison on

Executive Summary: Under a new proposed rule from the U.S. Department of Labor (DOL), released on August 30, 2023, more than 3.4 million workers would be newly eligible for overtime pay unless employers pay a much higher...more

Ballard Spahr LLP

U.S. DOL Proposes Rule to Extend Overtime Pay For Millions of Workers

Ballard Spahr LLP on

On August 30, 2023, the U.S. Department of Labor proposed revisions to section 13(a)(1) of the Fair Labor Standards Act FLSA), which would result in millions of workers who are now exempt from overtime requirements being...more

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