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U.S. Department of Labor to Stop Seeking Liquidated Damages in Wage and Hour Investigations

On June 27, 2025, the U.S. Department of Labor Wage and Hour Division (WHD) issued Field Assistance Bulletin No. 2025-3 (FAB 2025-3), advising that it will no longer request or attempt to collect liquidated damages in...more

Federal Court Strikes Down Rule Raising Salary Threshold for White Collar Overtime Exemptions

On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated and set aside the U.S. Department of Labor (DOL)’s final regulation increasing the salary threshold for the “white collar” overtime...more

Texas District Court Narrowly Enjoins White-Collar Overtime Regulations

On June 28, 2024, the U.S. District Court for the Eastern District of Texas issued a limited injunction of the U.S. Department of Labor’s new regulations increasing the minimum salary that certain executive, administrative,...more

Department of Labor Publishes Final Rule to Update the Salary Level for Overtime Eligibility

The U.S. Department of Labor released a final rule on April 23, 2024, raising the salary threshold to qualify for certain overtime exemptions under federal law. Most importantly, it significantly raises the minimum salary...more

DOL Issues Guidance on the Child Labor “Hot Goods” Prohibition

On August 31, 2023, the U.S. Department of Labor’s Wage and Hour Division issued Field Assistance Bulletin No. 2023-3 (FAB) to provide guidance to field staff on the prohibition against the shipment of “hot goods,” found in...more

DOL Issues Annual Report on Child Labor with Emphasis on Enforcement

On September 26, 2023, the Bureau of Internal Labor Affairs (ILAB) of the U.S. Department of Labor (DOL) issued its 2022 Findings on the Worst Forms of Child Labor Report, analyzing the state of child labor in 131 countries...more

DOL Proposes to Significantly Increase the Minimum Salary Level to Qualify for the “White Collar” Overtime Exemptions

On August 30, 2023, the Wage and Hour Division of the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking (NPRM) to revise the “white collar” overtime exemption regulations applicable to executive,...more

DOL Issues Guidance on Tracking Hours Worked by Teleworkers Who Take Breaks

On February 9, 2023, the U.S. Department of Labor Wage and Hour Division issued Field Assistance Bulletin No. 2023-1 (FAB) to provide guidance on tracking hours worked by employees who telework. While the FAB largely repeats...more

DOL Withdraws Independent Contractor Regulations, Meaning More Uncertainty for Employers

On May 6, 2021, the U.S. Department of Labor formally withdrew final regulations promulgated earlier this year under the prior administration which set forth, for the first time by way of an Administrative Procedure Act...more

Littler Lightbulb: Wage and Hour Developments During the First Month of the Biden Administration

It has been just one month since the inauguration of Joseph Biden as the 46th president of the United States, and he has been moving quickly to change the wage and hour landscape. This Lightbulb illuminates some of the more...more

DOL Issues Opinion Letter Addressing Requirements of the “Amusement or Recreational Establishment” Exemption

On January 15, 2021, the Wage and Hour Division (WHD) of the U.S. Department of Labor issued an opinion letter addressing three issues pertaining to utilization of the “amusement or recreational establishment” exemption to...more

DOL Issues Final Rule on Fluctuating Workweek Method of Computing Overtime under Fair Labor Standards Act

On May 20, 2020, the U.S. Department of Labor (DOL) released its final rule revising its so-called “fluctuating workweek” regulation. The final rule confirms that incentive payments—such as bonuses, commissions, and other...more

DOL Issues Opinion Letter Clarifying When Employees Paid on Hourly, Daily, or Shift Basis Can Satisfy "Salary Basis" Requirement

On November 8, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued a new opinion letter addressing the circumstances under which an employee who is paid on an hourly, daily, or shift basis (subject to a...more

Pennsylvania Commission Comments on Proposed Amendments to the Commonwealth's White Collar Exemption Regulations

In June, we reported that the Pennsylvania Department of Labor and Industry (DLI) submitted to the Pennsylvania Independent Regulatory Review Commission (IRRC) a proposed rulemaking package that seeks to update the Executive,...more

Pennsylvania Department of Labor and Industry Proposes Amendments to the State's White Collar Exemption Regulations

The Pennsylvania Department of Labor and Industry (DLI) responded to Governor Tom Wolf’s call to modernize Pennsylvania’s outdated overtime rules for “white collar” employees. ...more

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