Tax breaks on overtime pay and tipped earnings passed the House on May 22, 2025, as part of the âOne Big Beautiful Bill Actâ (H.R. 1). The tax deductions provided under the sprawling reconciliation bill would be temporary,...more
5/27/2025
/ Budget Reconciliation ,
Compensation ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employees ,
Employer Responsibilities ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Hospitality Industry ,
Income Taxes ,
New Legislation ,
Over-Time ,
Proposed Legislation ,
Tax Deductions ,
Tax Reform ,
Tipped Employees ,
Tips
Employers do not have to meet a heightened standard of proof to establish that an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), the U.S. Supreme Court held...more
1/16/2025
/ Appeals ,
Burden of Proof ,
EMD Sales Inc v Carrera ,
Employee Rights ,
Employment Litigation ,
Evidentiary Standards ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Minimum Wage ,
Over-Time ,
SCOTUS ,
Wage and Hour
In a highly anticipated decision, a federal district court in Texas has vacated the Department of Laborâs (DOLâs) 2024 Final Rule increasing the salary threshold for application of the executive, administrative, and...more
11/19/2024
/ Administrative Procedure Act ,
Department of Labor (DOL) ,
Executive Compensation ,
Fair Labor Standards Act (FLSA) ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Texas ,
Vacated ,
Wage and Hour
The U.S. Department of Labor (DOL) has released an opinion letter addressing whether per diem expense payments for tools and equipment may be excluded from the hourly rate when calculating overtime pay under the Fair Labor...more
A Fifth Circuit panel heard oral argument on Wednesday, August 7, on whether Department of Labor (DOL) regulations imposing a salary requirement to satisfy the executive, administrative and professional exemptions is valid....more
The U.S. Supreme Court next term will address the standard of proof that employers must meet to show an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). E.M.D. Sales,...more
The U.S. Department of Laborâs Final Rule raising the minimum salary level requirements for application of the Fair Labor Standards Act (FLSA) âwhite collarâ exemptions is scheduled to take effect July 1, 2024. Lawsuits,...more
The U.S. Department of Labor (DOL) has issued its Final Rule to increase the minimum salary requirements for the âwhite collarâ exemptions (executive, administrative, and professional) from minimum wage and overtime pay...more
The U.S. Department of Labor (DOL) has statutory authority to impose a salary requirement to qualify for an exemption from overtime under the executive, administrative, and professional exemptions under the Fair Labor...more
The U.S. Department of Labor (DOL) has issued a new proposed rule to increase the minimum salary requirements for the âwhite collarâ exemptions (executive, administrative, and professional) from minimum wage and overtime pay...more
A federal district court in Arizona held this week that courts are not required â or even authorized â to grant judicial approval of settlement agreements resolving individual claims brought under the Fair Labor Standards Act...more
The employer must prove the applicability of an exemption from overtime under the Fair Labor Standards Act (FLSA) with âclear and convincingâ evidence, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit...more
According to the latest report from the U.S Department of Labor (DOL) regarding its regulatory agenda, released this week, the DOL has now set the publication of the new proposed Overtime Rule for August 2023. However, given...more
Affirming an en banc decision of the U.S. Court of Appeals for the Fifth Circuit, the U.S. Supreme Court has held that an employerâs day-rate pay structure did not satisfy the âsalary basisâ component of the âwhite collarâ...more
In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In â2022 Wage and Hour Developments: A Year in Review,â we look back on significant wage and hour developments at the federal...more
1/12/2023
/ ABC Test ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Day of Rest Laws ,
Day-Rate Pay ,
Department of Labor (DOL) ,
Drug Testing ,
Employer Mandates ,
Fair Labor Standards Act (FLSA) ,
Fast-Food Industry ,
Independent Contractors ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Paid Leave ,
Pay Transparency ,
Pregnant Workers Fairness Act ,
Prime Contractor ,
Rest and Meal Break ,
Subcontractors ,
Tip Credit ,
Tipped Employees ,
Unemployment Benefits ,
Virus Testing ,
Wage and Hour
In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day that he works (i.e., on a âday rateâ basis) does not satisfy the âsalary basisâ...more
The U.S. Department of Labor (DOL) unlawfully delayed and then withdrew the Independent Contractor (IC) Final Rule, published in the waning days of the Trump Administration, a federal court in Texas has held. Coalition for...more
Who doesnât like free samples when shopping? But are the representatives providing those samples actually âsellingâ them so that they are exempt from overtime under the Fair Labor Standards Act (FLSA) as outside salespersons?...more
Last week, Senator Rand Paul (R-Ky.) was absent from the meeting of the Health, Education, Labor and Pensions Committee â and that spelled good news for the Biden Administrationâs nominee to head the Wage and Hour Division...more
Although the employerâs pay system for its auto repair technicians was complicated and at times redundant, it nevertheless constituted a bona fide commissions compensation method subject to exemption from the overtime pay...more
Because the plaintiff failed to allege any facts supporting his claim that his former employer acted willfully in failing to pay him overtime, he was not entitled to the FLSAâs extended, three-year statute of limitations....more
With specific, limited exceptions set forth in Section 207(e) of its regulations, the Fair Labor Standards Act (FLSA) requires that all compensation provided to a non-exempt employee must be included when determining the...more
On May 20, 2020, the U.S. Department of Labor (DOL) issued a Final Rule expressly permitting employers to provide additional pay, such as bonuses, commissions, or premiums, to employees when utilizing the âfluctuating...more
Federal and state laws regulating the payment of wages continue to develop at a rapid pace. States continue to increase their minimum wage, despite the federal minimum wage remaining stagnant at $7.25 per hour since 2009.
...more
The Department of Labor (DOL) has issued its Final Rule revising the regulations governing the calculation of the âregular rateâ of pay, used to calculate overtime, under the Fair Labor Standards Act (FLSA). The Final Rule,...more