The aerospace and defense industry operates in a complex regulatory environment in which labor and employment law is continuously evolving. Recent developments relating to the Uniformed Services Employment and Reemployment...more
The US Department of Labor’s (DOL’s) regulations setting a new salary threshold to be exempt under the Fair Labor Standards Act (FLSA) were scheduled to go into effect on January 1, 2025. On November 15, 2024, a judge from...more
11/19/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
Recent labor law, workplace safety regulation, and antitrust enforcement developments are creating an increasingly complex regulatory landscape for grocery industry employers. Companies must navigate an array of compliance...more
With the US Supreme Court’s June 28 decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, the four-decades Chevron doctrine is no longer. While the Court’s decision has altered...more
7/11/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
OSHA ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation ,
Wage and Hour
On April 24, 2024, the US Department of Labor (DOL) announced the highly anticipated revisions to the salary thresholds for the Fair Labor Standards Act’s (FLSA’s) “white collar” overtime exemptions. The update significantly...more
The US Department of Labor (DOL) published on January 10, 2024 its long-awaited Final Rule regarding independent contractor classification under the Fair Labor Standards Act (FLSA), signaling a return to its pre-2021...more
The US Department of Labor seeks to increase the salary levels needed to qualify as exempt under the Fair Labor Standards Act’s white-collar and highly compensated exemptions....more
The District of Columbia’s Tipped Wage Workers Fairness Amendment Act imposes several obligations on employers with tipped employees, including significant training and reporting requirements. The deadline for employees,...more
The US Court of Appeals for the Ninth Circuit (which covers California, Nevada, Arizona, Alaska, Hawaii, Idaho, Montana, Oregon, and Washington) held on October 24 in a unanimous published opinion that because call center...more
Pennsylvania employers with salaried, nonexempt employees working in the commonwealth may need to adjust how they calculate overtime premiums for these employees in light of amendments to the Pennsylvania Minimum Wage Act...more
The Virginia Overtime Wage Act imposes a state law obligation to pay overtime and expands upon the federal Fair Labor Standards Act in several important areas. Virginia Governor Ralph Northam recently signed into law the...more
The US Department of Labor has announced proposals to eliminate two of the previous administration’s signature rules, the joint employer rule and the independent contractor rule. First, the US Department of Labor (DOL) has...more
The Final Rule retains the “economic realities” test while focusing on two “core factors” in analyzing whether an individual is an employee or an independent contractor but given the upcoming change in administration,...more
1/7/2021
/ ABC Test ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Wage and Hour
The US Department of Labor (DOL) published a Final Rule on June 8 confirming that paying bonuses, commissions, and other incentive-based pay to salaried, nonexempt employees does not disqualify employers from using the...more
The US Department of Labor has established a traditional control standard for determining joint employer status under the Fair Labor Standards Act.
...more
The US Department of Labor (DOL) has issued a final rule updating its guidance under the Fair Labor Standards Act (FLSA) of what payments and benefits can be excluded when calculating the regular rate of pay on which employee...more
The US Department of Labor (DOL) announced the long-awaited final overtime rule on Tuesday. The Fair Labor Standards Act (FLSA) requires employers to pay time-and-a-half rates to workers making less than a threshold amount...more
DOL’s proposed interpretation of the joint employer standard in a recently released notice of proposed rulemaking would revert to a traditional control standard and use a new “four-factor balancing test” for determining joint...more
A recent proposal by the US Department of Labor seeks to provide greater clarity and more examples of the types of payments and benefits that do not need to be included in calculating the regular rate on which an employee’s...more
The US Department of Labor seeks to increase the salary levels needed to qualify as exempt under the Fair Labor Standards Act’s white collar standard and highly compensated exemptions....more
The Tipped Wage Workers Fairness Emergency Amendment Act repeals a June ballot initiative that would have gradually increased the hourly minimum wage for Washington, DC, tipped employees to $15 by 2025....more
The hourly minimum wage for tipped employees in Washington, DC will gradually increase to $15 by 2025 and reach that of other employees by 2026....more
The US Department of Labor will now apply a “primary beneficiary” test, which was previously adopted by several courts and provides greater flexibility in structuring internship programs....more
The order invalidates the US Department of Labor’s revisions to the Fair Labor Standards Act regulations for the executive, administrative, and professional overtime exemptions....more
The DOL’s request for public comments concerning the FLSA’s overtime exemptions regulations suggests there could be significant changes ahead on those regulations....more