News & Analysis as of

Wage and Hour Regulatory Reform

Ballard Spahr LLP

President Trump’s Budget Goes To Work Against Enforcement Agencies with Significant Cuts to DOL and NLRB

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President Trump’s proposed budget for Fiscal Year (FY) 2026 includes substantial reductions to the U.S. Department of Labor’s (DOL) budget and staff.  The proposed discretionary budget is slashed from $13.5 billion to $9...more

Fox Rothschild LLP

Washington, DC Pauses Upcoming Increase to the Tipped Minimum Wage

Fox Rothschild LLP on

The District of Columbia passed emergency legislation on June 3, 2025 that paused an increase to the tipped minimum wage from $10 per hour to $12 per hour, which was originally set to take effect on July 1, 2025. At least for...more

Littler

Policy Week in Review – June 2025

Littler on

U.S. Department of Labor Expands Opinion Letter Program  - In an effort to increase official guidance and provide compliance assistance to the regulated community, the U.S. Department of Labor expanded its opinion letter...more

Pullman & Comley, LLC

Brownfield Projects Receive a Critical Carve-Out from Connecticut’s Prevailing Wage Laws

Pullman & Comley, LLC on

A key amendment to the state’s prevailing wage laws was passed by the General Assembly last night (June 3) as part of the passage of the comprehensive State Budget Implementer Bill (Bill No. 7187). The amendment helps resolve...more

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

Department of Labor Announces Expansion of Interpretation Letters Initiative

On June 2, 2025, Deputy Secretary of Labor Keith Sonderling announced a renewed and expanded commitment by the U.S. Department of Labor (DOL) to the issuance of interpretation letters—commonly referred to as opinion letters...more

Ballard Spahr LLP

Maryland enacts Earned Wage Access legislation

Ballard Spahr LLP on

A new Maryland law deems certain earned wage access (EWA) services to be loans. It then subjects those EWA services to the Maryland Consumer Loan Law and other consumer credit provisions, restricts the acceptance of tips by...more

Perkins Coie

May Tip of the Month: New York Eases Penalties for First-Time Pay Frequency Violations

Perkins Coie on

On May 9, 2025, Governor Kathy Hochul signed into law significant amendments to the New York labor law, providing relief to employers in connection with frequency-of-pay violations. Previously, New York employers who failed...more

Littler

DOL Reinstates Virtual Marketplace Platform Opinion Letter Signaling Return to Relaxed Independent Contractor Test and Acceptance...

Littler on

In recent months, the Department of Labor (DOL) has seen an overhaul of its agency leadership. First, President Trump appointed Secretary of Labor Lori Chavez-DeRemer and Deputy Secretary Keith Sonderling, and more recently,...more

Sheppard Mullin Richter & Hampton LLP

DOJ Retracts Biden-Era Independent Contractor Classification Rule

On May 1, 2025, the United States Department of Labor’s (“DOL”) Wage and Hour Division announced it would not enforce or apply the Biden-era 2024 Final Rule regarding independent contractor classification (“2024 Rule”)....more

Husch Blackwell LLP

Missouri Legislature Passes Bill Repealing Paid Sick Leave Mandate and Amending Minimum Wage Law: What Employers Need to Know

Husch Blackwell LLP on

In the evening hours of May 14, 2025, the Missouri Senate passed House Bill 567 (the Bill) which effectively repeals the requirements of Proposition A. The Senate adopted the House version of the Bill without adding any...more

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

Littler

NYS Legislature and Governor Hochul Reach Agreement in State Budget to Limit Damages on Frequency-of-Pay Cases

Littler on

In a significant development for New York employers, the New York State Legislature and Governor Kathy Hochul have agreed to amend the New York Labor Law (NYLL) to limit the damages available in so-called “frequency-of-pay”...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

Lathrop GPM

U.S. DOL Likely to Alter Employee vs. Independent Contractor Classification Rules Under FLSA

Lathrop GPM on

Newly published guidance may mean it will be easier for employers to classify workers as independent contractors under the federal Fair Labor Standards Act (FLSA)....more

Littler

The Littler Annual Employer Survey Report - May 2025

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Executive Summary - It has been a turbulent start to 2025 as U.S. employers scramble to adapt to new executive orders, sweeping changes at federal agencies and a growing patchwork of workplace regulations at the state and...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

Franczek P.C.

Department of Labor Signals Rescission of FLSA Exemption Salary Thresholds

Franczek P.C. on

The Trump Administration has signaled it intends to reconsider the previously enjoined 2024 rule that would have increased the minimum salary threshold required for an employee to be exempt from overtime under the Executive,...more

Littler

Relief from Steep Pay Transparency Penalties for Businesses in Washington State

Littler on

In welcome news for the business community and a shining example of bipartisan cooperation, the Washington State Legislature has almost unanimously passed an amendment to its pay transparency law that led to hundreds of class...more

Jackson Lewis P.C.

Final Touches: President Trump Rounds Out DOL Leadership with Two Nominees

Jackson Lewis P.C. on

President Donald Trump has nominated Andrew Rogers to lead the Department of Labor’s (DOL’s) Wage and Hour Division (WHD). He also nominated Jonathan Berry to serve as solicitor of labor. Trump sent the nominations to the...more

Weintraub Tobin

An Update on PAGA Reform from the Trenches – Finally, Some Relief for Employers from Meritless Claims

Weintraub Tobin on

Last year, we reported on the reforms to the Private Attorney General Act (PAGA) that Governor Gavin Newsom signed into law on July 1, 2024. The reform legislation was pushed through to avoid a ballot vote on a measure...more

Bradley Arant Boult Cummings LLP

Federal Contractor Minimum Wage Executive Order Revoked

On March 14, 2025, President Donald Trump issued an executive order rescinding several policies from the previous administration, including Executive Order 14026, which had increased the minimum wage for federal contractors....more

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