The United States Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) on June 27, 2025, putting to bed, hopefully once and for all, the DOL’s unauthorized practice of requiring employers to pay liquidated...more
We’ve all known this day was coming—it was just a matter of time. From the moment the Biden Department of Labor (“DOL”) announced that the Trump DOL’s 2020 increase to the Fair Labor Standards Act salary threshold for the...more
On July 21, the Pennsylvania Supreme Court issued a game-changing decision in Heimbach v. Amazon.com Inc. when it determined that:
Time a nonexempt employee spends waiting to undergo, and undergoing, mandatory security...more
As reported by the Pennsylvania Chamber of Business and Industry, the planned significant increases to the salary threshold for exempt executive, administrative, and professional (“EAP”) employees under the Pennsylvania...more
Finally, the Pennsylvania Department of Labor and Industry (“Department”) formalized its leap to modernize and streamline its regulation governing the executive, administrative, and professional (“EAP”) exemptions (and the...more
After enduring a decade or so of the U.S. Department of Labor (“DOL”) “automatically” demanding double the amount of back pay in virtually every settlement of a wage and hour investigation under the Fair Labor Standards Act...more
What are some of the legal considerations employers should keep in mind while constructing a plan to reopen or return to work?
It goes without saying that return-to-work planning for employers can be daunting. There are an...more
Boom—take that, Pennsylvania employers!
As a result of Governor Wolf’s battle with the Pennsylvania Republican-controlled legislature being at an impasse over a potential state minimum wage increase, the Governor pressed...more
Just yesterday, the Pennsylvania Supreme Court issued a decision in a case involving the “fluctuating work week” (“FWW”) method of paying overtime that has been percolating in the Commonwealth courts for almost six years. The...more
Today, the U.S. Department of Labor has unveiled arguably the most employer-anticipated action taken during the Trump administration: the final rule raises the salary threshold for the Fair Labor Standards Act’s “white...more
Yesterday, the U.S. Department of Labor (“DOL”) completed the wage and hour trifecta, issuing the third of its critically acclaimed proposed rules—this one redefines (or clarifies, if you prefer) the regulations addressing...more
Don’t say I didn’t tell you so—you read it right here on Monday: the new Fair Labor Standards Act (“FLSA”) white collar exemption salary threshold was just about to hit the street. And, guess what?...more
As I previously reported in mid-January, the U.S. Department of Labor’s (“DOL”) long-awaited, updated proposal setting a new salary threshold for the Fair Labor Standards Act’s (“FLSA”) white collar exemptions finally made...more
On January 23, 2019, the Department of Labor (“DOL”) passed along another potential bombshell rule (see our prior post here on the white collar exemption salary threshold rule that’s also currently under review) to the White...more
Just when you thought it was safe to go back in the water, the U.S. Department of Labor (“DOL”) reappears to address an issue that has most American employers on edge: How far will it expand the scope of who is eligible for...more
The U.S. Department of Labor (“DOL”) has been trumpeting its “new” focus—with the incoming Trump administration—on “educating” employers to improve compliance. The latest effort by the DOL involves newly created, short...more
No one questions the incredibly complex and nuanced web of wage and hour regulations that the U.S. Department of Labor (“DOL”) has laid down over the last 80 or so years as guidance under the Fair Labor Standards Act...more
Action Item: Yesterday, Judge Mazzant of the United States District Court for the Eastern District of Texas granted a nationwide preliminary injunction blocking the Department of Labor’s (“DOL”) new regulation governing the...more
Action Item: As December quickly approaches, do not forget that the U.S. Department of Labor’s (“DOL”) revisions to the “White Collar Exemption” regulations under the Fair Labor Standards Act (“FLSA”) are set to take effect...more
Action Item: In case you’ve been hibernating for the last year or so, get ready: the U.S. Department of Labor (“DOL”) is poised to publish its long-awaited final revisions to the “White Collar Exemption” regulations under the...more
Action Item: On March 14, 2016, the U.S. Department of Labor (“DOL”) took the final step in its long process to put in place the final new regulations governing the Fair Labor Standards Act’s “white collar exemptions.” DOL...more
Action Item: On January 20, 2016, the U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued guidance regarding the determination of joint employer status under both the Fair Labor Standards Act (“FLSA”) and...more
Action Item: As the public comment period closed on the U.S. Department of Labor’s proposed revisions to the “white collar” exemptions under the Fair Labor Standards Act (“FLSA”), the Wage & Hour Defense Institute (“WHDI”),...more
Action Item: On July 15, 2015, the U.S. Department of Labor (“DOL”) issued guidance warning against misclassification of employees as “independent contractors,” enumerating the many evils of such misclassification, and...more
Action Item: The U.S. Department of Labor (“DOL”) has announced its much-anticipated proposed regulations regarding “white collar” exemptions to the Fair Labor Standards Act (“FLSA”), which, if implemented, would...more