News & Analysis as of

Wage and Hour Enforcement Actions Department of Labor (DOL)

Polsinelli

DOL Abandons 2024 Independent Contractor Test

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What You Need to Know - The U.S. Department of Labor has announced it will no longer enforce the 2024 independent contractor rule under the Fair Labor Standards Act (FLSA), reverting to the more employer-friendly 2008...more

Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors: What Does It Mean For Manufacturers and Franchisors?

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On May 1, 2025, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden...more

Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors

Foley & Lardner LLP on

On May 1, 2025, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden administration — a...more

Akerman LLP - HR Defense

DOL Signals Changes to Independent Contractor Rule

On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the...more

Parker Poe Adams & Bernstein LLP

DOL Announces Abandonment of Independent Contractor Rule

In 2024, the Department of Labor adopted regulations limiting the definition of independent contractors exempt from the provisions of the Fair Labor Standards Act’s overtime and minimum wage requirements....more

Brooks Pierce

Update: DOL Investigators Directed Not to Apply 2024 Independent Contractor Rule

Brooks Pierce on

New U.S. DOL Guidance on Independent Contractor vs. Employee Analysis -On May 1, 2025, the U.S. Department of Labor (“U.S. DOL”) Wage & Hour Division issued a field assistance bulletin (“FAB”) to guide investigators on...more

Littler

Policy Week in Review – May 2025

Littler on

U.S. DOL Pauses Enforcement of Biden-era Independent Contractor Rule  - On April 29, the U.S. Department of Labor issued a press release announcing new guidance on how to determine employee or independent contractor...more

Jackson Lewis P.C.

Illinois Amends ‘One Day Rest In Seven Act’ to Prohibit Employer Retaliation

Jackson Lewis P.C. on

Recent amendments to the Illinois One Day Rest In Seven Act (ODRISA) prohibit employers from retaliating against employees and create an enforcement mechanism. The amendments went into effect March 21, 2025. ODRISA requires...more

Axinn, Veltrop & Harkrider LLP

Passing the Laboring Oar? What’s to Come for No-Poach and Wage-Fixing Prosecutions

It’s been two years since the Antitrust Division brought its most recent — and only pending — criminal case involving labor markets. The two-year pause may be telling. It could indicate that prosecutors are picking and...more

Fox Rothschild LLP

A Primer on How to Deal with A.B. 1228 and the Fast Food Council’s Impact on Minimum Wage in the Golden State

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A.B. 1228 is a controversial law in California that went into effect on September 28, 2023, which we initially covered, and does two main things. First, it increased the minimum wage for employees of a “National Fast Food...more

McAfee & Taft

Paying for workday travel for non‑exempt employees

McAfee & Taft on

Employers are not required to pay non-exempt employees for the time they spend commuting between their home and work to begin their workday or after ending their workday. However, travel time during the workday is often...more

Venable LLP

Third Circuit to Employers: Beware this 22 Million Dollar Mistake

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The Department of Labor (DOL) recently brought suit against East Pennsylvania Manufacturing (East Penn) under the Fair Labor Standard Acts (FLSA) for allegedly failing to pay thousands of employees for time they spent...more

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

Sixth Circuit Rules Jury Must Decide if FLSA Violations Were Willful

On December 23, 2024, the U.S. Court of Appeals for the Sixth Circuit ruled in Su v. KDE Equine, LLC that whether an employer willfully violated the Fair Labor Standards Act (FLSA) is a fact question best left to the jury. ...more

Shipman & Goodwin LLP

Potential Immigration Impacts for U.S. Employers Under a Second Trump Presidency

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As we head into another Trump presidency later this month, many U.S. employers are wondering how the new administration’s strong stance on immigration might impact their organization, including its ability to hire and retain...more

Guidepost Solutions LLC

[Webinar] Navigating I-9 Compliance in a Trump Era of Enforcement - December 11th, 12:00 pm EST

Guidepost Solutions LLC on

Join industry leaders Bill Riley, Morgan Bailey, and John Shofi as they share actionable insights and strategies to help your organization prepare for an anticipated increase in government worksite enforcement actions under...more

Seyfarth Shaw LLP

Commissioner Sonderling to Depart from EEOC in August 2024

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Seyfarth Synopsis: EEOC Commissioner Keith Sonderling, a Republican who first joined the EEOC in 2020, has announced his departure from the Commission in August 2024. Sonderling’s tenure was marked by his significant...more

Littler

Federal Court Denies DOL a “Hot Goods” Injunction over Child Labor Allegations

Littler on

On July 2, 2024, a federal court in Alabama issued its decision in Julie Su v. Mar-Jac Poultry of Alabama LLC, No. 6:24-cv-00569 (N.D. Ala. July 2, 2024), denying the U.S. Department of Labor (DOL) a preliminary injunction...more

WilmerHale

Department of Labor Accuses Hyundai of Child Labor Violations for Supplier Conduct

WilmerHale on

On May 30, 2024, the US Department of Labor (DOL) filed a complaint in the Middle District of Alabama against a US subsidiary of Korean carmaker Hyundai seeking to hold Hyundai liable for child labor violations alleged to...more

Pierce Atwood LLP

Maine DOL Announces Enforcement Plan for New Federal Overtime Rule

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On April 23, 2024, the U.S. Department of Labor announced its Final Rule related to overtime exemptions, including its increase of the minimum salary threshold for employees to qualify for the duties test exemption. In...more

Conn Maciel Carey LLP

Solicitor of Labor Publishes Annual “Enforcement Report” for 2023

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By Darius Rohani-Shukla and Eric J. Conn In late January 2024, the Department of Labor released its annual report summarizing the Solicitor of Labor’s (SOL) enforcement work in FY 2023. SOL enforces more than 180 federal...more

Jackson Lewis P.C.

Higher Enforcement Activity Expected After DOL-EEOC Partnership Agreement

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The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) have announced they will be collaborating and sharing information to improve their enforcement efforts....more

DarrowEverett LLP

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

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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

Parker Poe Adams & Bernstein LLP

DOL Announces Settlement of Three Lawsuits Against Assisted Care Facilities Alleging Unpaid Overtime

Over the past several years, the federal Department of Labor’s (DOL) Wage and Hour Division has focused enforcement efforts on assisted care and related facilities. DOL alleges that some of these employers fail to pay...more

White and Williams LLP

U.S. Department of Labor Ramps Up Wage and Hour Division

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The U.S. Department of Labor (DOL) has announced that it will hire 100 new investigators in its Wage and Hour Division (Division). This is a strong signal that the DOL will be increasing its focus and prioritization of...more

Foley & Lardner LLP

Part-Time, Temp Hiring Boom Opens Door to Compliance Pitfalls

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Employers are facing a glut of open positions and the trend is expected to continue. Foley & Lardner attorneys say the use of non-traditional employment relationships like part-time and temporary options has risen...more

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