News & Analysis as of

Employer Liability Issues Minimum Wage Proposed Rules

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

Ballard Spahr LLP

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

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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

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

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

Epstein Becker & Green

#WorkforceWednesday: The Union-Friendly Biden NLRB, California's FAST Act, and Pay Transparency in California - Employment Law...

Epstein Becker & Green on

This week, we look at labor law and pay developments from the National Labor Relations Board (NLRB) and in California. NLRB Continues Union-Friendly Direction Two recent actions from the NLRB show a continued pro-employee...more

Parker Poe Adams & Bernstein LLP

Hospitality Employers Would Have to Rethink Assignments Based on New Tip Credit Interpretation

The seemingly never-ending battle over interpretation of the Fair Labor Standards Act’s tip credit provision took another turn Monday. The U.S. Department of Labor’s Wage and Hour Division issued proposed rules that would set...more

Jones Day

Adjusting to New Economic Realities: Department of Labor Proposes Worker Classification Test

Jones Day on

The Department of Labor ("DOL") released a proposed rule on September 22, 2020, containing a new test for determining independent contractor status under the Fair Labor Standards Act ("FLSA"). In many cases, the new test...more

Ward and Smith, P.A.

Thanks for the Tip: U.S. DOL's Proposed Rule and Potential Enhanced Availability of "Tip Pools"

Ward and Smith, P.A. on

The Fair Labor Standards Act of 1938 ("FLSA"), for decades, has permitted employers to pay some workers a lower minimum hourly wage than would otherwise be due if the workers receive at least a minimum amount per month in the...more

Akerman LLP - HR Defense

Hot Tip: End May Be Near for 80/20 Rule!

Akerman LLP - HR Defense on

Employers in the hospitality and restaurant industry are poised for celebration: the Department of Labor (DOL) has proposed eliminating a rule that requires tracking the time tipped employees devote to non-tip producing...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Proposes Rules to Expand Use of Tip Pools

Last year, Congress amended the Fair Labor Standards Act to clarify circumstances under which employers can require employees who receive tips to share (or pool) those gratuities with other employees. Last Tuesday, the...more

Seyfarth Shaw LLP

WHD Releases Proposed Rule on Tipped Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Labor’s Wage & Hour Division announced its long-awaited proposed rule related to the FLSA’s tip provisions. The rule would implement statutory changes passed in March 2018; it also would...more

Fisher Phillips

USDOL Issues Proposed Changes to the Tip Credit Regulations

Fisher Phillips on

Employers that utilize the “tip credit” in the federal Fair Labor Standards Act (“FLSA”), or whose employees receive tips, should carefully consider regulatory changes that were proposed by USDOL today. While many of the...more

Fisher Phillips

USDOL Issues Proposed New Overtime Rule, Likely To Go Into Effect This Time

Fisher Phillips on

You may recall several years ago when the United States Department of Labor (USDOL) issued revised regulations concerning the “white collar” exemptions to minimum wage and overtime under the Fair Labor Standards Act (FLSA)...more

Sheppard Mullin Richter & Hampton LLP

Aiming for Clarity, DOL Proposes to Update the FLSA’s “Joint Employer” Regulations

Hoping to clarify when entities should be treated as “joint employers” under the FLSA, the Department of Labor (“DOL”) recently announced its intent to revise its so-called “joint employer” regulations under the Fair Labor...more

Bricker Graydon LLP

DOL proposes four-factor test to determine joint employment status

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Earlier this week, the U.S. Department of Labor (DOL) announced its latest proposed rule to amend its existing regulations regarding joint employer arrangements under the Fair Labor Standards Act (FLSA). ...more

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Holland & Knight LLP

Food and Beverage Law Update: September 2018

Holland & Knight LLP on

Labor and Employment - Jimmy John's Avoids Joint-Employer Finding in Worker Overtime Litigation - In In re: Jimmy John's Overtime Litigation, 2018 WL 3231273 (N.D. Ill. June 14, 2018), a federal district court ruled that...more

Fisher Phillips

Here's a Tip: Tread Carefully

Fisher Phillips on

As we previously wrote, Congress has now amended Section 3(m) of the federal Fair Labor Standards Act (FLSA) to prohibit an employer from "keep[ing] tips received by its employees for any purpose, including allowing managers...more

Schwabe, Williamson & Wyatt PC

New Proposed Rule Allowing Tip Pooling Between Servers and Back of the House

On December 5, 2017, the US Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking and requested comments by Monday February 5, 2018, regarding its proposal to rescind portions of its tip pooling regulations that...more

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

New York State Department of Labor Issues Draft Regulations Restricting Call-In Pay Practices

On November 10, 2017, the New York State Department of Labor (NYSDOL) released draft regulations that would amend the rules for scheduling employees covered by the Minimum Wage Order for Miscellaneous Industries and...more

Fisher Phillips

USDOL's Proposed Tip-Pooling Modification Sent To OMB

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Oct. 26, 2017 by The Editor The U.S. Department of Labor has taken the next step toward rescinding the prior administration's 2011 regulatory position that an employer may not retain any of an employee's tips even if...more

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