News & Analysis as of

Employees Fair Labor Standards Act (FLSA)

Whiteford

Employment Law Update: Maryland Supreme Court Decides Not To Trifle With Wage And Hour Claims

Whiteford on

Ruling on a matter of first impression under Maryland law, the Maryland Supreme Court recently decided, in Martinez, et al. v. Amazon.com Services LLC, Misc. No. 17, Sept. Term 2024 (July 3, 2025), that the rule of “de...more

FordHarrison

EntertainHR: Advice from Anora: Classify Correctly!

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I have said it many times – summer is for movies! Blockbusters, indies, and comedies (or whatever films you enjoy) just make a summer night better. Summer is also halfway to the film industry’s most illustrious awards show,...more

Littler

What Employers Need to Know About No Tax on Tips and No Tax on Overtime

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On July 3, 2025, the U.S. House of Representatives narrowly passed H.R.1, the so-called “One Big Beautiful Bill Act,” ending a dramatic journey through Congress that dominated headlines in recent weeks. President Donald J....more

Sands Anderson PC

Virginia Expands Prohibition of Non-Competes

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Last August, Sands Anderson reported that the Federal Trade Commission’s rule banning non-competes was probably dead. While many employers likely breathed a sigh of relief after a federal judge in Texas struck down the...more

Bass, Berry & Sims PLC

DOL Announces Enforcement Position on Independent Contractor Rule

Bass, Berry & Sims PLC on

On May 1, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin announcing that the Wage and Hour Division (WHD) will no longer enforce the 2024 independent contractor Final Rule previously established by the...more

Whiteford

Employment Law Update: Virginia Bans Noncompete Agreements with Non-Exempt Employees

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Virginia has further restricted noncompete agreements. Effective July 1, 2025, Virginia Code § 40.1-28.7:8 will prohibit Virginia employers from entering into non-competition agreements with employees who are classified as...more

Jackson Lewis P.C.

How Will Federal Bills Eliminating Tax on Tips and Overtime Impact Employers?

Jackson Lewis P.C. on

Tax breaks on overtime pay and tipped earnings passed the House on May 22, 2025, as part of the “One Big Beautiful Bill Act” (H.R. 1). The tax deductions provided under the sprawling reconciliation bill would be temporary,...more

Troutman Pepper Locke

Republican-Backed Congressional Proposal in Congress Seeks to Allow Companies to Offer Benefits to Independent Contractors: April...

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Last month, the most significant legal development in the area of independent contractor (IC) compliance and misclassification was on Capitol Hill. Bill Cassidy of Louisiana, a Senate Republican who chairs the Senate Health,...more

Jackson Lewis P.C.

Expanded Definition of ‘Low-Wage’ Employees in Virginia Non-Compete Ban: Employers Need to Act Now

Jackson Lewis P.C. on

Virginia is the most recent state to tighten restrictions on employment non-compete agreements. Governor Glenn Youngkin signed a bill expanding the definition of low-wage employees under the state’s existing prohibition on...more

Seyfarth Shaw LLP

Wage and Hour Around the Corner: From Zoom to Room Staying on Solid Legal Grounds with a Remote Staff or an Office Return

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The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes...more

Nelson Mullins Riley & Scarborough LLP

Virginia Expands Law on Non-Compete Covenants

The Virginia Legislature enacted amendments to its existing Non-Compete Act (the “Act”) on March 24. The amendments will broaden the categories of employees who cannot be subject to non-competition covenants by including any...more

Proskauer - Law and the Workplace

Virginia Strengthens Ban on Non-Competes for “Low-Wage Employees”

On March 24, 2025, Virginia Governor Glenn Younkin signed into law S.B. 1218, which amended Virginia’s non-compete law to expand the definition of “low-wage employees” with whom employers may not enter into non-competition...more

Paul Hastings LLP

Virginia Expands Noncompete Ban for Low-Wage Employees

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Virginia has expanded its limited prohibitions on the use of noncompetition agreements for “low-wage employees,” which have been in place since 2020. On March 24, 2025, Virginia Gov. Glenn Youngkin signed Virginia Senate...more

Epstein Becker & Green

Ohio Employers, Be Ready: The Paystub Protection Act Takes Effect Soon

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Beginning April 9, 2025, Ohio employers will be legally required to give employees access to their paystubs....more

Spilman Thomas & Battle, PLLC

Being Clear with Your Employees’ Paychecks; Pay Transparency on the Rise

One trend we see continuing in 2025 is state and local laws requiring employers to be more transparent in how they pay their employees. These requirements come in two varieties. First, more states and cities are requiring...more

Goldberg Segalla

Third Circuit Affirms Home Health Care Aides Must Be Paid for Travel Between Clients

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Having to compensate employees for time spent not working can be counterintuitive, but under certain circumstances, it is an employer’s obligation. Recently, the Third Circuit Court of Appeals affirmed a District Court...more

Jackson Lewis P.C.

Georgia Bill Introduced to Not Tax Overtime Compensation: 4 Employer Considerations

Jackson Lewis P.C. on

A bill introduced in the Georgia state legislature, if passed, would exclude overtime compensation from Georgia state income taxes starting in 2026. House Bill 375 (H.B. 375), introduced on Feb. 11, 2025, would exclude from...more

DarrowEverett LLP

Seventh Circuit Decision Clarifies Standards for FLSA Overtime Cases

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The Seventh Circuit Court of Appeals recently clarified the evidentiary bar for employees bringing Fair Labor Standards Act (FLSA) overtime claims, requiring employees to provide specific, detailed evidence of their work...more

Butler Snow LLP

SCOTUS Confirms Lower Standard of Proof for Employers Claiming FLSA Exemptions

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Last month the United States Supreme Court (“SCOTUS”) delivered a pro-employer ruling on the standard of proof required under certain provisions of the Fair Labor Standards Act (FLSA). In E.M.D. Sales, Inc. v. Carrera, the...more

McAfee & Taft

Paying for workday travel for non‑exempt employees

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Employers are not required to pay non-exempt employees for the time they spend commuting between their home and work to begin their workday or after ending their workday. However, travel time during the workday is often...more

Mayer Brown

US Supreme Court Unanimously Rejects Higher Standard of Proof for Overtime Exemptions Under FLSA

Mayer Brown on

On January 15, 2025, the Supreme Court handed employers a win by confirming that exemptions under the Fair Labor Standards Act (“FLSA”) need only be proven by a “preponderance of the evidence.” In doing so, the Court...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Clarifies Plaintiffs’ Evidentiary Burden in FLSA Cases

In Osborn v. JAB Management Services, Inc., No. 24-1573 (January 22, 2025), the U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s entry of summary judgment in favor of an employer on a former...more

Roetzel & Andress

Illinois Supreme Court Holds Overtime Rate Must Include Non-Discretionary Bonuses Unless They Are Gifts

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The Illinois Supreme Court held employers violate overtime law by not including non-discretionary bonus payments when calculating employees’ overtime rate. The case is Mercado v. S&C Electric Co., 2025 IL 129526 (Jan. 24,...more

Foley & Lardner LLP

Trump Department of Labor Signals Likely Retreat from Biden Era Independent Contractor Classification Rule

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We’ve written before about the “tennis match” that describes how, with changes in presidential parties, the Department of Labor (DOL) has proposed different tests to determine whether workers are “employees” covered by the...more

DCI Consulting

This Year’s CA Pay Reporting Cycle Has Arrived

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The State of California’s Civil Rights Department (CRD) has released key dates for the upcoming pay data reporting cycle. As highlighted on the CA Pay Data Reporting webpage, the 2024 cycle will begin with the portal opening...more

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