Since Trump’s first day back in office, Diversity, Equity, and Inclusion (“DEI”) has been at the forefront of political discourse. As we previously reported, Trump issued several Executive Orders targeting DEI efforts and...more
4/1/2025
/ Affirmative Action ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Enforcement Priorities ,
Executive Orders ,
First Amendment ,
OFCCP ,
Preliminary Injunctions ,
Students for Fair Admissions v Harvard College ,
Trump Administration
Shortly after being sworn in as the 47th President of the United States, Donald Trump signed more Executive Orders on his first day in office than any other president in history. The wide-ranging Orders effectuate many of the...more
On Friday, a federal court in Texas struck down the Department of Labor’s (“DOL”) Final Rule that sought to raise the salary thresholds that must be met for executive, administrative, and professional (“EAP”) and highly...more
11/19/2024
/ Administrative Procedure Act ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Summary Judgment ,
Wage and Hour ,
White-Collar Exemptions
On October 30, 2024, a Texas federal judge issued a preliminary injunction blocking the U.S. Department of Labor (“DOL”) from using its in-house administrative law judges to oversee administrative proceedings against a...more
On August 23, 2024, the Fifth Circuit Court of Appeals struck down a final rule promulgated by the Department of Labor (“DOL”) restricting when employers could take a tip credit for tipped employees under the Fair Labor...more
8/29/2024
/ Administrative Agencies ,
Chevron Deference ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Hospitality Industry ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
As we previously reported, the Department of Labor (“DOL”) issued a Final Rule adjusting the minimum annual salary that an employee must be paid to qualify for the executive, administrative, and professional (“EAP”)...more
8/9/2024
/ Compliance ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Pending Legislation ,
Salaried Employees ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions
EEOC Title VII Guidance Challenged -
On May 21, the Texas attorney general sought a permanent injunction to block the U.S. Equal Employment Opportunity Commission’s (“EEOC”) enforcement guidance over gender identity and...more
5/24/2024
/ Bostock v Clayton County Georgia ,
Cemex ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Gender Identity ,
Mercedes-Benz ,
Minimum Salary ,
Threshold Requirements ,
Title VII ,
UAW ,
White-Collar Exemptions
On April 23, 2024, the Department of Labor (“DOL”) issued its widely anticipated Final Rule adjusting the minimum annual salary that an employee must be paid as of July 1, 2024, in order to qualify under some of the FLSA’s...more
On January 9, 2024, the U.S. Department of Labor released details of its final rule regarding the proper circumstances for independent contractor classification under the Fair Labor Standards Act (“FLSA”). On January 10,...more
1/12/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more
8/4/2023
/ Department of Labor (DOL) ,
Employee Handbooks ,
Employment Policies ,
Labor Relations ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Persuader Rules ,
Remedies ,
Taft-Hartley Act ,
Unfair Labor Practices ,
Union Organizers ,
Unions
On September 8, 2020, the U.S. District Court for the Southern District of New York issued its opinion in New York v. Scalia et al., S.D.N.Y., No. 20-01689, vacating the Department of Labor’s (“DOL”) April 27, 2020 final rule...more
The U.S. Department of Labor (“DOL”) has issued new guidance restricting when the government can seek liquidated damages, which double the amount owed by employers, to settle overtime and minimum wage investigations prior to...more
On Tuesday, September 24th, the DOL issued a final rule update to the federal law governing overtime pay that will affect thousands of workers and employers alike. The rule change will raise the salary threshold that...more
While the U.S. Department of Labor (“DOL”) recently made headlines with proposed changes to the federal standard for overtime exemptions, the ongoing saga may present further challenges for employers in the State of...more
5/8/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Over-Time ,
Proposed Amendments ,
Public Comment ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
On April 1, 2019, employers received good news with the Department of Labor’s (“DOL”) proposed regulation limiting joint employer liability. As expected (see prior alert regarding NLRB rulemaking), the proposed rule narrows...more
On Thursday, March 28th, the DOL published another proposed rule change to overtime pay that could affect thousands of workers and employers alike. The proposal would clarify the circumstances under which certain employee...more
On Thursday, March 7th, the DOL published a proposed rule update to the federal law governing overtime pay that could affect thousands of workers and employers alike. The proposal would raise the salary threshold that...more
Obama-Era Persuader Rule is Finally Dead -
On July 17, 2018, the Department of Labor (“DOL”) formally announced what has appeared inevitable since President Trump’s election – the Obama-era “Persuader Rule” is officially...more
In March 2016, the Department of Labor (“DOL”) published a revised “Persuader Rule” requiring attorneys involved in union organizational campaigns to file broad public financial disclosures about their own and their law...more
By President Obama’s September 7, 2016 Executive Order, federal contractors and subcontractors will now be required to provide paid sick leave to their employees beginning on January 1, 2017. The Department of Labor (DOL)...more