The Ninth Circuit has now joined a growing number of appellate courts holding that, in Fair Labor Standards Act (FLSA) collective actions, personal jurisdiction must be determined on a claim-by-claim basis when general...more
Employers have been waiting with bated breath on the challenges to the DOL’s newest salary increase for exempt employees scheduled to take effect on January 1, 2025. On November 15, 2024, U.S. District Court Judge Sean Jordan...more
On January 9, 2024, the U.S. Department of Labor released the final details of their Independent Contractor test. This test addressing when companies can classify workers as independent contractors has been hotly debated...more
1/10/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Over-Time ,
Wage and Hour
On September 24, 2019, the US Department of Labor announced a finalized rule increasing the earnings threshold necessary for employees to qualify as exempt from the Fair Labor Standards Act’s (“FLSA”) minimum wage and...more
10/1/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
Employers have been waiting for the U.S. Department of Labor (“DOL”) to respond to the injunction halting the implementation of its 2016 proposal increasing the minimum salary threshold for the white collar exemptions. ...more
Recently, we discussed the U.S. Department of Labor’s (“DOLs”) rescission of the 80/20 rule. Unfortunately, less than two months after the DOL’s rescission, the U.S. District Court for the Western District of Missouri...more
1/14/2019
/ 20% Rule ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Minimum Wage ,
Regulatory Standards ,
Restaurant Industry ,
standards ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
Throughout the month of September, 2018, the U.S. Department of Labor (“DOL”) held five listening sessions across the United States to receive feedback from the public on the minimum salary requirements for the white collar...more
The United States Court of Appeals for the Eighth Circuit recently held that a claim brought under the Fair Labor Standards Act ("FLSA") may not proceed when the employee fails to provide evidence of actual damages. In...more
On April 16, 2013, in a 5-4 decision, the United States Supreme Court held that a Fair Labor Standards Act ("FLSA") collective action may not proceed when the lone named plaintiff's individual claim becomes moot. This case...more