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Regulatory Requirements Department of Labor (DOL) Fair Labor Standards Act (FLSA)

Whiteford

Employment Law Update: U.S. Department of Labor Resurrects Guidance Classifying Workers as Independent Contractors

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The U.S. Department of Labor’s Wage and Hour Division (“DOL”) under the Trump administration has doubled down on its commitment to the traditional economic-realities analysis for determining whether workers are employees or...more

BakerHostetler

DOL Softens Bite on Independent Contractor Test

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The DOL announced that it will not enforce the 2024 independent contractor rule. The pre-2024 multi-factor test will be used for FLSA worker classification disputes....more

Foley & Lardner LLP

Trump Department of Labor Signals Likely Retreat from Biden Era Independent Contractor Classification Rule

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We’ve written before about the “tennis match” that describes how, with changes in presidential parties, the Department of Labor (DOL) has proposed different tests to determine whether workers are “employees” covered by the...more

Sheppard Mullin Richter & Hampton LLP

It’s Over for Overtime Expansion: Texas Court Axes DOL Rule That Would Have Reclassified Millions of Employees as Overtime...

On November 15th, Judge Sean Jordan of the Eastern District of Texas halted a 2024 Department of Labor (“DOL”) Final Rule (“2024 Rule”) that massively increased salary requirements for employees classified as “exempt” from...more

UB Greensfelder LLP

Federal Judge Strikes Down New Overtime Rule Nationwide

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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

Keating Muething & Klekamp PLL

Federal Court Overturns Expansion of Overtime Requirements

On November 15, 2024, the US District Court for the Eastern District of Texas overturned the Department of Labor’s (DOL) final rule which increased the salary threshold for workers to be exempt from overtime requirements. In...more

Brooks Pierce

Update: Texas Court Sets Aside U.S. DOL’s Overtime Rule

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Just a few weeks before the anticipated January 1 salary bump under the U.S. Department of Labor (USDOL)’s 2024 overtime rule (the “Overtime Rule”), a Texas federal court issued a ruling on Friday, November 15, 2024, that set...more

Woods Rogers

STOP THE PRESSES: DOL’s Overtime Expansion Faces Judicial Freeze

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A federal judge in Texas has hit pause on the hotly contested salary increase for the executive, administrative, and professional (EAP) overtime exemption under the Fair Labor Standards Act (FLSA). Earlier this year, the...more

Pullman & Comley - Labor, Employment and...

The Newest Wage Hour Risk in Connecticut: Election Poll Workers

A new Connecticut law went into effect this year creating early voting procedures for the first time in Connecticut.  The law, Connecticut General Statutes § 9-163aa, provides that before each election, a period of early...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

Faegre Drinker Biddle & Reath LLP

Promises and Perils: Guiding Principles for Employers Implementing Artificial Intelligence in the Workplace

On October 30, 2023, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.  Pursuant to the Executive Order, on May 16, 2024, the U.S. Department of...more

Perkins Coie

OFCCP Releases New AI Guidance for Federal Contractors

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The Office of Federal Contract Compliance Programs (OFCCP) released updated guidance for the use of artificial intelligence (AI) by federal contractors on April 29, 2024—the latest indication that federal contractors’ use and...more

Spilman Thomas & Battle, PLLC

DOL Raises Salary Requirements for Overtime Exemptions

The U.S. Department of Labor (DOL) announced April 23, 2024 it will increase the minimum annual salary that is required to make certain white-collar employees to be eligible for overtime (often referred to as the executive,...more

Bradley Arant Boult Cummings LLP

Out with the Old? Not So Fast! A Quick Review of 2023 Highlights

2023 has brought many updates and changes to the legal landscape. Our blog posts have covered many of them, but you may not remember (or care to remember) them. Before moving on to 2024, let’s take a moment to review our top...more

Foley & Lardner LLP

Teenagers Making a Buck Over School Break? Employers Beware: The Department of Labor Dictates When and Where

Foley & Lardner LLP on

For many kids (and school staff), the last bell before winter break heralds freedom and fun. But many teenagers also use the extended time off from school to squeeze in some extra paid work. That means employers should brush...more

Holland & Hart - Employers' Lawyers

Breastfeeding Accommodations in the Workplace

The ability to pump breast milk in the workplace is protected by the FLSA. In 2010, the Break Time for Nursing Mother Act was passed as part of the Affordable Care Act (ACA) and amended the FLSA to include break time and...more

Littler

Littler Lightbulb: Wage and Hour Developments During the First Month of the Biden Administration

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It has been just one month since the inauguration of Joseph Biden as the 46th president of the United States, and he has been moving quickly to change the wage and hour landscape. This Lightbulb illuminates some of the more...more

Pullman & Comley - Labor, Employment and...

US DOL Issues New Enforcement Guidance on Electronic Workplace Posters and Telemedicine under the FMLA

The United States Department of Labor (DOL) recently issued two Field Assistance Bulletins in response to the COVID-19 pandemic. The first Bulletin provides guidance on when employers can satisfy certain federal workplace...more

FordHarrison

Virtual Posters – New DOL Guidance on Federally-Mandated Notices in a Virtual Workplace

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Recognizing that remote work is here to stay for many employers, the U.S. Department of Labor (DOL) recently issued guidance on how employers can use virtual means to distribute and maintain the various posters required by...more

Seyfarth Shaw LLP

What do you call the axing of some DOL Section 7(i) interpretive regs? A good start.

Seyfarth Shaw LLP on

Seyfarth Synopsis: By eliminating two interpretive regulations, the U.S. Department of Labor expanded the number of employers that may qualify as a “retail or service establishment” under Section 7(i)’s exemption of the Fair...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (January 2020 Edition)

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If January's minimum wage, tip, and overtime developments forecast what employers should expect throughout the remainder of the year, it could be a challenging 2020....more

Littler

Connecticut’s New Restaurant Wage Law Codifies “80/20 Rule” for Tipped Employees

Littler on

Following months of political maneuvering, including a gubernatorial veto, Connecticut has enacted compromise legislation that attempts to clarify how restaurants and other hospitality industry employers must pay workers who...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Epstein Becker & Green

Washington and Maine Approve Salary Increases for White Collar Exemptions in the New Year, with Colorado Poised to Follow Suit

Epstein Becker & Green on

As previously discussed, the federal Department of Labor has begun the process of increasing the minimum salary threshold for employees that fall under the “white collar” exemptions. Joining Alaska, New York, and California,...more

FordHarrison

How the FLSA and Netflix Have Updated Their Approaches in Today’s Modern World

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Earlier this year, I wrote about the numerous streaming service options that were available to consumers and how this made it difficult to decide which services to utilize, if any, as alternatives to cable. At the time, I was...more

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