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The Congressional Review Act – A Critical Tool for the New Administration
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Quick Takeaways From the 2024 Proposed Hospice Wage Index Rule
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On November 15, 2024, in State of Texas v. United States Dep’t of Labor, the United States District Court for the Eastern District of Texas ruled that the U.S. Department of Labor (DOL) exceeded its rulemaking authority by...more
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
After repeated promises and repeated delays, the U.S. Department of Labor has released proposed regulations to revise the compensation requirements of the White Collar and Highly Compensated Employee exemptions of the Fair...more
Fair Labor Standards Act - The FLSA establishes minimum wage, overtime pay, and payday standards, in addition to recordkeeping obligations and other workplace mandates. Importantly, the FLSA only places requirements on...more
On October 28, 2021, the U.S. Department of Labor (DOL) announced publication of a final “dual jobs” rule, which reverses course from a December 2020 final rule and resurrects the so-called “80/20 Rule” that governs how...more
On July 29, 2021, the U.S. Department of Labor announced it is rescinding a final rule issued just last year (2020 Final Rule) that sought to clarify the standard for finding two separate entities to be “joint employers”...more
On July 29, 2021, the United States Department of Labor (“DOL”) announced that it would rescind the Trump-era rule (the “Joint Employer Rule”) pertaining to the determination of joint employers for purposes of assigning...more
The U.S. Department of Labor announced on July 29 that it will rescind the March 2020 rule on Joint Employer Status under the Fair Labor Standards Act (the “2020 Rule”). The DOL’s action removes the regulations established...more
Executive Summary: On Monday, June 21, 2021, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking (NPRM) proposing limits on the tip credit employers can take during workweeks when tipped employees...more
Employers may be disappointed to learn that the Department of Labor’s recently issued rule clarifying the definition of “independent contractor” will likely no longer go into effect on March 8th, 2021. On January 20th, the...more
Q: What do I need to know about the proposed federal rule on independent contractor classification? ...more
Whether a worker is an employee covered by the Fair Labor Standards Act (FLSA) (and potentially entitled to overtime pay or benefits) or an independent contractor who is not covered has been the center of an ongoing legal...more
The Pennsylvania Department of Labor and Industry (DLI) published its final rule to substantially increase the salary threshold for qualifying as an exempt Executive, Administrative and Professional (EAP) employee under the...more
The U.S. Department of Labor (DOL) on Sept. 22, 2020, proposed new regulations designed to codify criteria to identify independent workers under the Fair Labor Standards Act (FLSA). Independent contractors are not employees...more
While the proposed rule retains the “economic realities test,” it consolidates the existing factors used to guide analysis of independent contractor status under the Fair Labor Standards Act and focuses on two “core factors.”...more
With the March 16, 2020 effective date of the new rule interpreting joint employer status under the Fair Labor Standards Act (“FLSA”) almost upon us, employers should brush up on the updated guidance and review their...more
Effective March 16, 2020, employers will be able to use a four-factor balancing test in determining joint employment status under the Fair Labor Standards Act (FLSA), based on the new final rule adopted by the Department of...more
As previously discussed, Colorado has taken steps to increase the salary threshold for employees that fall under the “white collar” exemptions, following in the footsteps of Alaska, California, New York, Maine, and Washington...more
As a follow up to its Notice of Proposed Rulemaking issued in April 2019, the US Department of Labor (DOL) announced on January 12, 2020, the issuance of a Final Rule to revise and clarify the standard for joint employment...more
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
On Thursday, January 16, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) published in the Federal Register the much-anticipated Final Rule regarding joint employer status under the Fair Labor Standards...more
On January 16, 2020, the Department of Labor (DOL) published a final rule that brings much-needed clarity to employers on how to determine “joint employer” status under the Fair Labor Standards Act (FLSA) when an employee...more
In its first installment of opinions letters in 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) addressed two issues under the Fair Labor Standards Act (“FLSA”): (i) the salary basis requirements in the...more
On January 12, 2020, the U.S. Department of Labor announced a final rule that updates its regulations interpreting when multiple entities can be held liable as “joint employers” for wage-and-hour violations under the Fair...more
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