News & Analysis as of

Employer Liability Issues Fair Labor Standards Act (FLSA) Proposed Rules

Whiteford

Employment Law Update: U.S. Department of Labor Unveils Its Regulatory Agenda

Whiteford on

Employers around the country may have breathed a sigh of relief upon learning of the DOL’s regulatory agenda released yesterday. Claiming to put “American Workers, Businesses First…,” the DOL confirms it will be undoing...more

Bond Schoeneck & King PLLC

The U.S. Department of Labor’s Wage and Hour Division Proposes Rule to Phase Out Subminimum Wage Certificates Under the Fair Labor...

On Dec. 3, 2024, the U.S. Department of Labor’s Wage and Hour Division (WHD) released a Notice of Proposed Rulemaking to phase out the issuance of Fair Labor Standards Act (FLSA) Section 14(c) certificates that allow...more

Foley & Lardner LLP

OSHA Proposes New, Far-Reaching Workplace Heat Safety Rule

Foley & Lardner LLP on

In July 2024, the Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a proposed rule (the “Proposed Rule” or “Rule”) aimed at regulating and mitigating heat-related hazards in the workplace....more

Eversheds Sutherland (US) LLP

DOL’s final rule: You say “overtime” I say “salary thresholds”

The US Department of Labor (DOL) released its final rule to increase the federal salary threshold for exemption under the Fair Labor Standards Act (FLSA) on April 23, 2024. DOL had previously issued On August 30, 2023, the US...more

Ballard Spahr LLP

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSA

Ballard Spahr LLP on

On January 9, 2024, the US Department of Labor (DOL) issued a final rule that provides revised guidance on whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act...more

Brooks Pierce

DOL Publishes Final Rule on Employee or Independent Contractor Classification

Brooks Pierce on

On Jan. 9, 2024, the U.S. Department of Labor (DOL) announced the upcoming publication of its final rule on how to analyze whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more

Kilpatrick

The Time is Now: Three Things Employers Can Be Thinking About Now in the Wake of the Department of Labor’s Announced Notice of...

Kilpatrick on

As many employers are aware, on Aug. 30, the U.S. Department of Labor announced a notice of proposed rulemaking regarding overtime eligibility....more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Shook, Hardy & Bacon L.L.P.

Proposed DOL Rule Would Raise Salary Threshold for Exempt Employees

The United States Department of Labor (DOL) announced recently that it is proposing a rule to raise the salary threshold required for an employee to be exempt from the Fair Labor Standards Act’s overtime requirements. An...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective - Focus on Wage and Hour

FOCUS ON WAGE AND HOUR - Proposed DOL Rule Would Raise Salary Threshold for Exempt Employees - The United States Department of Labor (DOL) announced recently that it is proposing a rule to raise the salary threshold...more

Steptoe & Johnson PLLC

DOL Proposed Rule Would Make Higher-Paid Employees Eligible for Overtime

Steptoe & Johnson PLLC on

On August 30, the U.S. Department of Labor (DOL) announced that it would put forward a rule to raise the salary threshold under which employees are eligible for overtime pay under federal labor laws. The Fair Labor Standards...more

Bradley Arant Boult Cummings LLP

Déjà Vu All Over Again? DOL Proposes New Rule on Salaried Exemption Threshold

The DOL issued a Notice of Proposed Rulemaking proposing, among other things, to increase the salary threshold for white-collar overtime exemptions. You may recall that there was a lot of discussion about this back in 2016...more

Woods Rogers

Department of Labor Proposes Increasing Minimum Overtime Exemption Salary to $55,068

Woods Rogers on

On August 30, the Department of Labor proposed a new rule that would make 3.6 million more U.S. workers eligible to receive overtime pay. The proposed rule would require employers to pay overtime to salaried employees whose...more

Foley Hoag LLP

U.S. Department of Labor’s Proposed Rule Could Make Millions of Employees Overtime-Eligible

Foley Hoag LLP on

On August 30, 2023, the DOL announced a new proposed rule making changes to the FLSA’s so-called white-collar and highly compensated employee exemptions, increasing the salary threshold that employees must meet to qualify for...more

Gould + Ratner LLP

New DOL Proposal Would Expand Overtime Pay to Millions of Workers

Gould + Ratner LLP on

The U.S. Department of Labor (DOL) has announced a new proposed rule that – if it becomes final – would extend overtime pay to over 3 million American workers. Annual Salary Threshold for EAP Exemptions Increases to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: NEW BONUS SESSION: Expert Testimony in Wage and Hour Litigation - March 2nd,...

DCI Consulting on

Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more

Troutman Pepper Locke

52,644: The Number Of Comments Submitted To Labor Department On Proposed Rule Governing Independent Contractor Classification

Troutman Pepper Locke on

In response to the U.S. Department of Labor’s proposed regulation released to the public on October 11, 2022 entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act,” an unprecedented...more

Keating Muething & Klekamp PLL

Independent Contractor Classification - Deadline to Submit Comments on the Notice of Proposed Rulemaking is Approaching

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor...more

Cooley LLP

US Department of Labor Issues Proposed Rule on Independent Contractor Status

Cooley LLP on

On October 11, 2022, the Department of Labor (DOL) announced a proposed rule that would reinstate the “economic reality” test for determining whether a worker is an independent contractor or an employee under the Fair Labor...more

Haynsworth Sinkler Boyd, P.A.

Newly Proposed Independent Contractor Test under FLSA; Extended Comment Period

The Department of Labor (DOL) has extended the public comment period on its newly proposed test to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). If adopted, the...more

Goodwin

DOL Proposes Rule Regarding Independent Contractor Status

Goodwin on

​​​​​​​The Wage and Hour Division of the U.S. Department of Labor (“DOL”) recently published a proposed rule (the “Proposed Rule”) that would modify DOL’s regulations for determining whether a worker is an employee or an...more

Sheppard Mullin Richter & Hampton LLP

The Haunting Return of the Economic Reality Test: U.S. Department of Labor Proposes Resurrecting the Pre-Trump Era...

On October 13, 2022, the U.S. Department of Labor (“DOL”) published its proposed rule regarding the classification of employees and independent contractors under the Fair Labor Standards Act (“FLSA”) in an attempt to resolve...more

Fenwick & West LLP

Fall 2022 Employment Law Roundup

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U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act - On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more

Stokes Wagner

When Are Employees Not Employees? An Ever-Changing Landscape

Stokes Wagner on

The Department of Labor recently issued a new proposed rule distinguishing between employees, who are covered by the Fair Labor Standards Act, and independent contractors, who are not. This follows on the heels of a rule...more

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