Wage and Hour, Appellate Courts, Department of Labor (DOL)

Federal Contractors in Flux: Ninth Circuit Finds President Biden Can’t Mandate Minimum Wage Under EO 14026

Jackson Lewis P.C. on 11/15/2024

The U.S. Court of Appeals for the Ninth Circuit has vacated an Arizona federal court’s decision denying a request by several western states to enjoin President Joe Biden’s executive order increasing the minimum hourly wage...more

Federal Appeals Court Invalidates the U.S. Department of Labor’s 2021 Tip Credit Rule

Amundsen Davis LLC on 9/13/2024

On August 23, 2024, in the case of Restaurant Law Center, et. al. v. U.S. Department of Labor, et. al., the U.S. Court of Appeals for the Fifth Circuit invalidated the U.S. Department of Labor’s (DOL) 2021 Tip Credit Rule...more

U.S. Court of Appeals Throws Out and Simplifies Federal Tip Credit Rule

Roetzel & Andress on 8/27/2024

For a generation, one of the most contested FLSA issues was when employers could pay subminimum wages to tipped employees. During Republican administrations, the U.S. Department of Labor issued business-friendly tip-credit...more

First Circuit Issues Opinion Clarifying FLSA’s Administrative Exemption

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/15/2023

On August 14, 2023, the U.S. Court of Appeals for the First Circuit issued a decision—Marcus v. American Contract Bridge League—clarifying and applying the standards for determining whether an employee qualifies for the Fair...more

A Few Out-of-State Telephone Calls Per Week May Be Sufficient To Establish FLSA Coverage, 11th Circuit Holds

Jackson Lewis P.C. on 3/23/2021

An administrative assistant, who regularly made three to five telephone calls out of state per week to her employer’s clients and vendors, may have sufficiently engaged in interstate commerce to establish “individual...more

Biden DOL Proposes Withdrawal Of Former Administration’s Joint Employer And Independent Contractor Final Rules

Jackson Lewis P.C. on 3/15/2021

On March 11, 2021, the U.S. Department of Labor (DOL) issued Notices of Proposed Rulemaking (NPRMs) to withdraw the Joint Employer and Independent Contractor Final Rules published during the previous administration...more

Employees Cannot Obtain “Double Recovery” of Unpaid Wages and Premiums for Non-Compliant Rest Breaks

Sheppard Mullin Richter & Hampton LLP on 10/26/2020

In Alfredo Sanchez v. Miguel Martinez, the Court of Appeal, Third Appellate District, held that although an employee who is not authorized and permitted to take a paid 10-minute rest break in compliance with California law...more

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