News & Analysis as of

Wage and Hour Regulatory Requirements Fair Labor Standards Act (FLSA)

BakerHostetler

DOL Softens Bite on Independent Contractor Test

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The DOL announced that it will not enforce the 2024 independent contractor rule. The pre-2024 multi-factor test will be used for FLSA worker classification disputes....more

Epstein Becker & Green

Ohio Employers, Be Ready: The Paystub Protection Act Takes Effect Soon

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Beginning April 9, 2025, Ohio employers will be legally required to give employees access to their paystubs....more

Roetzel & Andress

Illinois Supreme Court Holds Overtime Rate Must Include Non-Discretionary Bonuses Unless They Are Gifts

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The Illinois Supreme Court held employers violate overtime law by not including non-discretionary bonus payments when calculating employees’ overtime rate. The case is Mercado v. S&C Electric Co., 2025 IL 129526 (Jan. 24,...more

Amundsen Davis LLC

Ohio Employers: New Pay Stub Protection Act Requirements

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Ohio businesses, take note: A new state law requires employers to provide employees with detailed earnings and deductions statements. Before this, Ohio was one of few states where employees did not have the right to receive...more

Sheppard Mullin Richter & Hampton LLP

It’s Over for Overtime Expansion: Texas Court Axes DOL Rule That Would Have Reclassified Millions of Employees as Overtime...

On November 15th, Judge Sean Jordan of the Eastern District of Texas halted a 2024 Department of Labor (“DOL”) Final Rule (“2024 Rule”) that massively increased salary requirements for employees classified as “exempt” from...more

UB Greensfelder LLP

Federal Judge Strikes Down New Overtime Rule Nationwide

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On November 15, 2024, the U.S. District Court for the Eastern District of Texas struck down the U.S. Department of Labor’s (DOL’s) final rule that was set to raise the minimum salary threshold for “white collar” employees to...more

Keating Muething & Klekamp PLL

Federal Court Overturns Expansion of Overtime Requirements

On November 15, 2024, the US District Court for the Eastern District of Texas overturned the Department of Labor’s (DOL) final rule which increased the salary threshold for workers to be exempt from overtime requirements. In...more

Brooks Pierce

Update: Texas Court Sets Aside U.S. DOL’s Overtime Rule

Brooks Pierce on

Just a few weeks before the anticipated January 1 salary bump under the U.S. Department of Labor (USDOL)’s 2024 overtime rule (the “Overtime Rule”), a Texas federal court issued a ruling on Friday, November 15, 2024, that set...more

Woods Rogers

STOP THE PRESSES: DOL’s Overtime Expansion Faces Judicial Freeze

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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

Pullman & Comley - Labor, Employment and...

The Newest Wage Hour Risk in Connecticut: Election Poll Workers

A new Connecticut law went into effect this year creating early voting procedures for the first time in Connecticut.  The law, Connecticut General Statutes § 9-163aa, provides that before each election, a period of early...more

Bradley Arant Boult Cummings LLP

Tipped Out? 5th Circuit Negates DOL Tip Credit Rule

How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more

Spilman Thomas & Battle, PLLC

DOL Raises Salary Requirements for Overtime Exemptions

The U.S. Department of Labor (DOL) announced April 23, 2024 it will increase the minimum annual salary that is required to make certain white-collar employees to be eligible for overtime (often referred to as the executive,...more

FordHarrison

Reminder: Florida Minimum Wage is Now $11.00 Per Hour

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In 2020, Florida voters passed Amendment 2, which will, over a period of years, increase Florida's minimum wage to $15.00 per hour. The first annual increase was effective September 30, 2021, and increased the minimum wage to...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Sets Joint Employer Standard for Wage Act Liability

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On December 13, 2021, the Massachusetts Supreme Judicial Court (SJC) issued a highly-anticipated opinion, recognizing the concept of joint employment under the Massachusetts Wage Act (“Wage Act”) and setting forth the...more

Littler

Massachusetts High Court Adopts Federal Standard for Joint Employer Liability Under State Wage and Hour Law

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In Jinks v. Credico (USA) LLC (December 13, 2021), the Massachusetts Supreme Judicial Court concluded that the appropriate method for determining whether two companies were “joint employers” for purposes of the Massachusetts...more

Vinson & Elkins LLP

Energy Industry Take Note – Should You Be Paying Overtime to Your Highly Paid Employees?

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The energy industry has long been a source of high-skilled and well-paid jobs, many paying six figures per year to employees. For those jobs, it’s easy for employers to get lulled into a false sense of security when figuring...more

Littler

Littler Lightbulb: Wage and Hour Developments During the First Month of the Biden Administration

Littler on

It has been just one month since the inauguration of Joseph Biden as the 46th president of the United States, and he has been moving quickly to change the wage and hour landscape. This Lightbulb illuminates some of the more...more

Littler

Significant Changes to Colorado Regulations on Wages and Working Conditions for Private Employers Take Effect March 16

Littler on

Effective March 16, 2020, virtually all private employers in Colorado will be subject to the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics’ new Colorado Overtime and Minimum Pay...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Joint Employer Status Under the Fair Labor Standards Act

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

Epstein Becker & Green

Colorado Officially Increases the Minimum Salary Threshold for Exempt Employees and Makes Changes for Non-Exempt Employees Too

Epstein Becker & Green on

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

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (January 2020 Edition)

Littler on

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

Littler

Connecticut’s New Restaurant Wage Law Codifies “80/20 Rule” for Tipped Employees

Littler on

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

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Epstein Becker & Green

Washington and Maine Approve Salary Increases for White Collar Exemptions in the New Year, with Colorado Poised to Follow Suit

Epstein Becker & Green on

As previously discussed, the federal Department of Labor has begun the process of increasing the minimum salary threshold for employees that fall under the “white collar” exemptions. Joining Alaska, New York, and California,...more

FordHarrison

How the FLSA and Netflix Have Updated Their Approaches in Today’s Modern World

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Earlier this year, I wrote about the numerous streaming service options that were available to consumers and how this made it difficult to decide which services to utilize, if any, as alternatives to cable. At the time, I was...more

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