News & Analysis as of

Wage and Hour Biden Administration

Dunlap Bennett & Ludwig PLLC

News Flash: Fifth Circuit Vacates 80/20/30 Tip Credit Rule

In a significant decision for the hospitality and restaurant industries, the U.S. Court of Appeals for the Fifth Circuit recently struck down a Department of Labor (DOL) rule regarding the payment of tipped employees. The...more

Constangy, Brooks, Smith & Prophete, LLP

DOL has authority to include salary threshold when determining exempt status, appeals court says

During 2024 we have reported on several high-profile cases that have challenged wage-related regulations issued by the U.S. Department of Labor – including tips, independent contractors, and the white-collar exemptions to the...more

BakerHostetler

Fifth Circuit Upholds DOL Authority to Set Minimum Salary Threshold for EAP Exemption from FLSA Overtime Requirements

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In a follow-up to our previous client alerts on the U.S. Department of Labor (DOL) issuing a new overtime exemption rule and legal challenges to the new rule, a three-judge panel on the Fifth Circuit found that the DOL was...more

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

Employment Law Landscape Could Change After Election

When presidential administrations change, it’s common to see significant shifts in policy via new regulations, executive orders, different interpretations of federal laws, and changes to enforcement priorities, budgeting, and...more

Whiteford

Client Alert: Avoiding Legal Pitfalls and Risks in Workplace Use of Artificial Intelligence

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Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more

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

Beltway Buzz - August 2024 #3

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....more

Holland & Hart - Employers' Lawyers

Algorithmic Accountability: The Next Frontier in Employment Law?

Artificial intelligence (or AI) technology is rapidly transforming industry norms and creating new possibilities along with moral, ethical, and legal implications. The Society for Human Resource Management has recently...more

Trusaic

Biden Administration Proposing a Pay Data Reporting Requirement

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The U.S. Equal Employment Opportunity Commission plans to issue a proposed rule next year on collecting compensation data from employers. This is according to the Biden administration’s newly released regulatory agenda. It’s...more

The Wagner Law Group

DOL Releases Final Rule Revising FLSA Overtime Regulations

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On April 23, 2024, the Biden administration announced a final rule that impacts overtime protections by increasing compensation thresholds. The rule is intended to assist lower-paid salaried workers by expanding their...more

Stotler Hayes Group, LLC

New Nursing Home Staffing Standards Announced By Biden Administration

On April 22, 2024, the Centers for Medicare and Medicaid Services (“CMS”) announced that it had issued several new rules affecting Medicaid beneficiaries and skilled nursing facilities. Most important to skilled nursing...more

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

DOL’s Wage and Hour Division Issues New Guidance on Employers’ Use of AI

On April 29, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published new guidance clarifying employers’ obligations under federal labor laws as they pertain to use of automated systems and artificial...more

Bass, Berry & Sims PLC

Tenth Circuit Gives Biden Administration Major Win in Contractor Minimum Wage Case

On April 30, the U.S. Court of Appeals for the Tenth Circuit affirmed a lower court’s ruling denying a bid from two outdoor recreation companies asking for a preliminary injunction on a 2021 Department of Labor (DOL) rule...more

DarrowEverett LLP

Noncompete, Overtime Rules Change, But Legal Challenges Remain

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April 23, 2024, was a big day for the Biden Administration, as the U.S. Department of Labor (“DOL”) and Federal Trade Commission (“FTC”) almost simultaneously launched new revamped rules which will affect millions of...more

PilieroMazza PLLC

New Wave of Pay Transparency Requirements Affects Employers and Federal Contractors

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A growing patchwork of state pay transparency laws is placing additional requirements on employers. At least five states and the District of Columbia have now enacted pay transparency laws requiring employers to disclose...more

BakerHostetler

The Department of Labor Has Your Business in Its Sights: Act Now to Prevent Costly Penalties Later

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President Joe Biden has signed off on the most recent government funding bill, which allocates $13.4 billion to the United States Department of Labor (DOL), including $260 million earmarked for the DOL’s Wage and Hour...more

DirectEmployers Association

OFCCP Week In Review: March 2024 #3

Monday, March 11, 2024: Biden “Hits the Brakes” on Non-Defense Discretionary Budgets for Federal Agencies Joining Congress’ Historic Pivot Away from Both Bigger Federal Agencies and Bigger Social Programs - With the...more

DirectEmployers Association

OFCCP Week In Review: March 2024 #2

Wednesday, March 6, 2024: JOLTS Report – Job Openings Decreased by 26k in January, Rate Unchanged at 5.3% - Job Openings and Labor Turnover Survey (JOLTS) Report for January 2024 (Remember: JOLTS reports a month late) ...more

Locke Lord LLP

Reminder: Final Biden Administration Independent Contractor Rule Takes Effect March 11 – ‎Do Not Fear, But Don’t Stand Still

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On January 9, 2024, the same day the U.S. Department of Labor issued its final rule on independent contractor status, we published a comprehensive blog post analyzing and commenting on the new regulation, which goes into...more

Trusaic

Biden Administration Proposes Pay Equity Requirements for Federal Employers

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The Biden administration is looking to continue its push for pay equity at the federal level. The Office of Personnel Management announced a new regulation for Federal agencies that will prohibit the use of salary history in...more

Fisher Phillips

Federal Contractors Would Need to Display Salary Ranges Under Proposed Pay Transparency Rule: Here’s What You Need to Know

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The Biden administration recently announced new pay transparency measures intending to reduce wage gaps based on gender and race. The White House unveiled these new efforts on January 29, which marked the 15th anniversary of...more

Seyfarth Shaw LLP

Biden Administration Announces Actions Aimed at Advancing Pay Equity for the Federal Workforce and Federal Contractor Employees

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Seyfarth Synopsis: Earlier this week, the Biden Administration announced actions to support the equal pay principles set forth by Executive Orders 14035 and 14069. These actions will impact federal contractors and...more

Genova Burns LLC

USDOL Wage-Hour Division Final Rule on Independent Contractor Status Reverts to Pre-Trump Rule and Rejects “Core Factor” Test

Genova Burns LLC on

On January 9, 2024 the U.S. Department of Labor (DOL) released a final rule that will apply beginning March 11, 2024 in determining whether a worker can be classified as an independent contractor as opposed to an employee...more

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

Federal Contractors Can Soon Anticipate Rules on Pay Transparency and Salary History for Applicants and Employees

On December 4, 2023, the Federal Acquisition Regulation (FAR) Council submitted a proposed rule on “Pay Equity and Transparency in Federal Contracting” to the White House Office of Management and Budget (OMB) for approval. On...more

Benesch

Department of Labor Finalizes Rule Change on Independent Contractor Classification

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On January 9, 2024, the U.S. Department of Labor released details of its final rule regarding the proper circumstances for independent contractor classification under the Fair Labor Standards Act (“FLSA”). On January 10,...more

BakerHostetler

The DOL’s New Independent Contractor Test Just Dropped; Now What?

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’Tis the season for things to drop. Some things that drop are big, some not so big. On New Year's Eve, we saw the ball drop in New York. Fun fact: The ball is a geodesic sphere, 12 feet in diameter, weighing 11,875...more

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