The U.S. Department of Labor rang in the new year by announcing that it will abandon its rigid six-part test for determining whether interns qualify as employees under federal wage and hour law, introducing some much-needed...more
3/8/2018
/ Appeals ,
Colleges ,
Department of Labor (DOL) ,
Economic Realities Test ,
Educational Institutions ,
Fair Labor Standards Act (FLSA) ,
Internships ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Primary Beneficiary Test ,
Students ,
Universities ,
Wage and Hour
This week marked the close of the period for public comment on the U.S. Department of Labor's (USDOL) proposed rescission of the hotly-debated regulatory text that, essentially, extended certain tip credit restrictions to...more
This week the U.S. Department of Labor published increases in the civil money penalties it can impose for certain violations of the federal Fair Labor Standards Act.
These new levels, approximately 2% higher than those...more
It’s hard to keep up with all the recent changes to labor and employment law. The law always seems to evolve at a rapid pace, and September 2017 was no different. In order to make sure that you stay on top of the latest...more
10/7/2017
/ Appeals ,
Class Action ,
DACA ,
Dear Colleague Letter ,
Delivery Drivers ,
Department of Labor (DOL) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
First Amendment ,
Gig Economy ,
Google ,
GrubHub ,
Hurricane Irma ,
Janus v AFSCME ,
Misclassification ,
Obama Administration ,
OFCCP ,
Over-Time ,
Preliminary Injunctions ,
Private Attorneys General Act (PAGA) ,
Public Sector Unions ,
Rescission ,
SCOTUS ,
Secretary of Labor ,
Sexual Assault ,
Shop Fee Arrangements ,
Title IX ,
Travel Ban ,
Trump Administration ,
White-Collar Exemptions
Fisher Phillips filed its own, extensive remarks yesterday in response to the U.S. Department of Labor's Request for Information seeking additional public comment regarding the 2016 compensation revisions to the agency's...more
9/27/2017
/ Administrative Procedure Act ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Notice and Comment ,
Over-Time ,
Public Comment ,
Request For Information ,
White-Collar Exemptions
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no...more
9/9/2017
/ Affirmative Action ,
Appeals ,
Audio Recording ,
Class Action ,
Classification ,
College Admissions ,
Corporate Counsel ,
Data Breach ,
Department of Justice (DOJ) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gig Economy ,
Green Cards ,
Hardship Distributions ,
Hurricane Harvey ,
Identity Theft ,
Independent Contractors ,
NLRB ,
On-Demand Services ,
Online Platforms ,
Over-Time ,
Pay Data ,
Popular ,
Standing ,
Trump Administration ,
Unions ,
Vetting ,
Wage and Hour ,
Wellness Programs
A federal judge in Texas struck down the controversial Obama-era change to the federal Fair Labor Standards Act that was intended to substantially raise the minimum salary threshold required for employees to qualify for the...more
9/7/2017
/ Abeyance ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Lack of Authority ,
Minimum Salary ,
Minimum Wage ,
Motion To Intervene ,
Obama Administration ,
Over-Time ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
A federal judge in Texas today struck down the controversial Obama-era change to the federal Fair Labor Standards Act that was intended to substantially raise the minimum salary threshold required for employees to qualify for...more
9/2/2017
/ Appeals ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Injunctions ,
Lack of Authority ,
Minimum Salary ,
Over-Time ,
Summary Judgment ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Since last November, employers have waited with bated breath for a resolution of the status of the U.S. Department of Labor's salary-threshold increase for an executive, administrative, professional, or derivative "white...more
As employers wait to see whether, when, and to what extent the federal Fair Labor Standards Act's minimum wage might increase in the near future, many other jurisdictions have continued to raise their rates to levels higher...more
This holiday season, many employers were thankful for the preliminary injunction that blocked the Fair Labor Standards Act (FLSA) exemption changes from going into effect on December 1 as scheduled. Those changes would have...more
The U.S. Department of Labor has filed its notice to appeal last week's preliminary injunction that prevented the salary-related changes in the federal Fair Labor Standards Act's "white collar" exemptions from taking effect...more
Employers are returning from their Thanksgiving holiday weekend grappling with thorny questions following last week’s surprising and momentous court decision preliminarily blocking the Department of Labor’s overtime rule from...more
Yesterday afternoon, Texas federal District Judge Amos Mazzant preliminarily enjoined the U.S. Labor Department from "implementing or enforcing" the salary-related changes in the federal Fair Labor Standards Act's "white...more
Employers designing pay plans for employees who are or will be non-exempt should take care not to be misled by murky U.S. Department of Labor "guidance" published in connection with the coming federal Fair Labor Standards Act...more
In a dramatic last-minute development, a federal judge in Texas today blocked the U.S. Department of Labor’s (USDOL’s) overtime rule from taking effect on December 1, handing an eleventh-hour victory to employers across the...more
11/23/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Preliminary Injunctions ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Labor Department has issued an Interim Final Rule that will substantially increase the civil money penalties it can impose for certain violations of the federal Fair Labor Standards Act and related...more
While most employers were preparing for the long holiday weekend, the U.S. Department of Labor (USDOL) announced a series of civil penalty increases that will impact the nation’s employers in the very near future. On June 30,...more
7/6/2016
/ Child Labor ,
Civil Monetary Penalty ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Immigration and Nationality Act ,
OSHA ,
Visas ,
Wage and Hour
The U.S Labor Department (USDOL) has finally released the anxiously awaited revised regulations affecting certain kinds of employees who may be treated as exempt from the federal Fair Labor Standards Act's (FLSA) overtime and...more
The U.S. Labor Department is looking to a spring 2016 date for publishing the "Final Rule" revising the regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions according to a recent report. It...more
Employers are of course continuing to evaluate the impact of the U.S. Labor Department's proposed increase in the minimum dollar amount for the federal Fair Labor Standards Act's Section 13(a)(1) exemptions' salary...more