The Ohio Pay Stub Protection Act, which requires employers to provide earnings and deductions statements to their employees, will take effect on April 9, 2025....more
On January 15, 2025, the U.S. Supreme Court rejected the Fourth Circuit’s attempt to require an employer to meet a higher evidentiary standard to establish that its workers fell under one of the Fair Labor Standards Act...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 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
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
Minnesota is the most recent state to enact a mandatory paid family and medical leave program, joining 11 other states and Washington D.C. in implementing paid leave laws. With a paid leave proposal being passed by the state...more
On June 13, 2023, the National Labor Relations Board (NLRB) carried on with its trend of reversing Trump-era precedent. In its 3-1 decision, The Atlanta Opera, Inc., the NLRB overturned the Trump NLRB’s 2019 decision,...more
As the calendar turns to 2023, employers in several states are currently navigating or preparing to navigate laws mandating the provision of paid family and medical leave (“PFML”), i.e., partially paid, job-protected leave,...more
On December 21, 2022, Governor Kathy Hochul signed legislation establishing a statewide pay transparency law in New York State. The new law (S.9427-A/A.10477) requires employers to list salary ranges for all advertised jobs...more
Employers in approximately a dozen states and twice as many cities and counties should expect significant hikes in minimum wage rates for 2023. Many of these hikes are due to state and local laws which account for...more
Employers in approximately a dozen states and twice as many cities and counties should expect significant hikes in minimum wage rates for 2023. Many of these hikes are due to state and local laws which account for...more
In the past few months, there have been several developments regarding California’s controversial Private Attorneys General Act (“PAGA”) and similar legislation making its way through other states.
PAGA permits workers to...more
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
Just before the holiday season, the National Labor Relations Board (“NLRB” or “Board”) provided employers with two big wins. First, on December 13, 2019, the NLRB announced its long awaited final rule to relax the Obama-era...more
12/16/2019
/ Administrative Law Judge (ALJ) ,
Ambush Election Rules ,
Browning-Ferris Industries of California Inc. ,
Corporate Counsel ,
Franchisee ,
Franchises ,
Joint Employers ,
McDonalds ,
Minimum Wage ,
NLRB ,
Settlement ,
Union Elections ,
Wage and Hour
The Ninth Circuit ruled on October 1, 2019, that McDonald’s cannot be held liable for wage and hour violations allegedly committed by a franchisee in California because McDonald’s did not exert sufficient control over the...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
On August 29, 2019, the National Labor Relations Board (the “Board”) refused to extend the National Labor Relations Act (the “Act”) to create a new standalone violation under Section 8(a)(1). In Velox Express, Inc., 368 NLRB...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 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
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