As we previously wrote and reminded readers, in April 2024, the Department of Labor (DOL) issued a final rule (the “2024 Rule”) increasing the standard salary level necessary to qualify for one of the executive,...more
The U.S. Supreme Court has set oral argument for November 5, 2024, in E.M.D. Sales, Inc. v. Carrera.
The issue before the court is what standard of proof employers must satisfy to demonstrate that a Fair Labor Standards...more
Employers of salaried workers beware — you may soon have to give raises to members of your workforce in order to keep them exempt from overtime entitlement.
On August 30, 2023, the U.S. Department of Labor (DOL)...more
Recent disruptions in the financial services sector as well as an economic downturn in certain industries, including high tech, may create an immediate and unanticipated liquidity crisis for impacted employers. When faced...more
Notwithstanding the very recent good news that it appears the federal government and regulators currently have control and a plan in place to limit the impact of Silicon Valley Bank’s (SVB) and Signature Bank’s recent...more
3/14/2023
/ Banking Regulators ,
Banking Sector ,
Breach of Contract ,
Fair Labor Standards Act (FLSA) ,
Financial Institutions ,
Layoffs ,
Liquidity ,
Mini-Warn Acts ,
Minimum Salary ,
Personal Liability ,
Separation ,
Severance Agreements ,
WARN Act
On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more
3/7/2023
/ Audits ,
Compensation ,
Compliance ,
Day Laborers ,
Department of Labor (DOL) ,
Employee Definition ,
Energy Sector ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Independent Contractors ,
Over-Time ,
Proposed Rules ,
SCOTUS ,
Unpaid Overtime ,
Wage and Hour
The Department of Labor has issued a new proposed rule to provide guidance on the classification of independent contractors and employees under the Fair Labor Standards Act and as discussed by Foley’s Labor and Employment...more
Ensuring the proper classification of workers is a concern for many employers. Soon, it may become easier for employers to classify workers as independent contractors, thereby excluding more workers from overtime pay under...more
This week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more
Last week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more
On July 27, 2020 we published a client alert about the DOL’s Q&A on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and the Families First...more
On July 20, 2020, the Department of Labor (DOL) released three updated, new and separate questions and answers on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor...more
On June 26, 2020, the U.S. Department of Labor (DOL) issued several unrelated opinion letters dealing with non-COVID wage and hour issues.
Specifically, two of the opinion letters, FLSA2020-6 and FLSA2020-8, deal with the...more
A significant amount of legal activity has taken place recently in the area of joint employment. Joint employment exists when more than one entity is deemed to be a worker’s employer. Typically, a direct employer and a...more
2/6/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Franchisee ,
Franchises ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
NLRB ,
Wage and Hour
On April 29, 2019, the Department of Labor issued an opinion letter FLSA2019-6. In fall 2018, several employer groups sought clarification from the DOL on worker classification as employees versus independent contractors. In...more
4/30/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Internal Revenue Code (IRC) ,
IRS ,
Misclassification ,
Multi-Factor Test ,
Opinion Letter ,
Wage and Hour ,
Withholding Requirements