News & Analysis as of

Employer Liability Issues Over-Time Federal Labor Laws

Ballard Spahr LLP

U.S. Department of Labor Self-Audit PAID Program Returns, Allowing Employers to Identify and Resolve FLSA and FMLA Violations

Ballard Spahr LLP on

The U.S. Department of Labor (DOL) announced several self-audit programs to assist employers, unions, and benefit plan officials with voluntarily assessing and correcting their compliance with federal labor laws. One of those...more

Constangy, Brooks, Smith & Prophete, LLP

Fourth Circuit’s Steadfast ruling clarifies independent contractor status

The majority of a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit has upheld a finding that a medical staffing agency misclassified approximately 1,100 nurses as independent contractors and owed them...more

Troutman Pepper Locke

Home Improvement and Legal Services Industries Under Attack for Independent Contractor Misclassification Claims: June 2025 IC...

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Last month, there were only a couple of legal developments in the area of independent contractor (IC) compliance and misclassification, but they were significant because two more industries — home improvement and legal...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on . . . Successful Summer Internship Programs

With Memorial Day in the rearview mirror and the month of June upon us, many companies and organizations throughout the country are preparing to kick off the summer by welcoming an incoming cohort of summer interns....more

Bradley Arant Boult Cummings LLP

Trump’s Pick for Chief Legal Officer May Signal More Changes for DOL

This week President Donald Trump nominated attorney Jonathan Berry to be the next solicitor of the Department of Labor (DOL). Berry worked in the department during the first Trump administration, and he was the sole author of...more

Butler Snow LLP

SCOTUS Confirms Lower Standard of Proof for Employers Claiming FLSA Exemptions

Butler Snow LLP on

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

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your February To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the White House acted in the first days of President Trump’s second term. In order to ensure you stay on...more

Maynard Nexsen

Supreme Court Clarifies Standard of Proof for FLSA Exemptions

Maynard Nexsen on

The U.S. Supreme Court unanimously ruled last week that employers do not face an unusually high standard to prove exemptions under wage and overtime laws, ending the Fourth Circuit’s stricter approach for employers in five...more

Morgan Lewis

US Supreme Court Rejects Heightened Standard for Proving FLSA Exemptions

Morgan Lewis on

The US Supreme Court issued a unanimous decision on January 15, 2025 in EMD Sales Inc. v. Carrera clarifying the evidentiary standard employers must meet to show that an employee is exempt from overtime and minimum wage...more

Bass, Berry & Sims PLC

Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions

Bass, Berry & Sims PLC on

A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision,...more

Fisher Phillips

Top Wage and Hour Predictions for Employers in 2025

Fisher Phillips on

Our Wage and Hour Practice Group thought leaders have pulled together their top predictions for the new year so that employers can get a running start to 2025....more

Pullman & Comley - Labor, Employment and...

Important Update to our Wage Alert Regarding the DOL’s Final Rule Increasing the Salary Level for the Executive, Administrative...

In November, the U.S. District Court for the Eastern District of Texas blocked the U.S. Department of Labor’s (DOL) final rule discussed below.  See Texas v. U.S. Dep’t of Lab., No. 4:24-CV-468-SDJ, 2024 WL 4806268 (E.D. Tex....more

Shumaker, Loop & Kendrick, LLP

Client Alert: Federal Judge Invalidates Department of Labor's Minimum Salary Increases

On April 23, 2024, the Department of Labor (DOL) issued a Final Rule that significantly increased the minimum salary required for employees to be classified as exempt under the Fair Labor Standards Act (FLSA). Specifically,...more

Cranfill Sumner LLP

Texas Court Tosses Biden Overtime Exemption Rule

Cranfill Sumner LLP on

In November, a Texas federal court struck down the Biden Department of Labor’s (DOL) rule that would have made millions of salaried workers eligible for overtime pay....more

Perkins Coie

November Tip of the Month: Texas Court Nullifies DOL Overtime Rule: Employers Face Decisions

Perkins Coie on

On November 15, 2024, a Texas district court vacated, on a nationwide basis, a U.S. Department of Labor (DOL) rule that increased the salary thresholds applicable to the Fair Labor Standards Act’s (FLSA) “white collar” and...more

Schwabe, Williamson & Wyatt PC

Federal Court Strikes Down 2024 DOL Overtime Rule Nationwide

On November 15, the Federal District Court for the Eastern District of Texas invalidated the Department of Labor’s final rule that increased the minimum salary for executive, administrative, and professional (EAP) exemption...more

Burr & Forman

Federal Judge Vacates Department of Labor's Salary Increase to FLSA White Collar Exemption

Burr & Forman on

Earlier this year, the Department of Labor (“DOL”) announced increases to the salary threshold for the “bona fide executive, administrative, or professional” exemption and the “highly compensated employee” exemption to the...more

Hinshaw & Culbertson - Employment Law...

Federal Court Strikes Down Overtime Rule: What Employers Need to Know

On November 15, 2024, a federal district court in Texas struck down the U.S. Department of Labor ("DOL") Final Rule that would have made over four million additional workers eligible for overtime pay. The Final Rule...more

Foley Hoag LLP

Texas Federal Court Nullifies DOL’s Final Rule on Federal Overtime Exemptions

Foley Hoag LLP on

On November 15, 2024, a federal judge sitting in the Eastern District of Texas found that the Biden administration’s Department of Labor (DOL) exceeded its statutory authority by issuing its April 23, 2024 final rule (the...more

Herbert Smith Freehills Kramer

Federal Court Vacates DOL Overtime Rule

A federal court has vacated the U.S. Department of Labor’s (DOL) 2024 final overtime rule, which increased the minimum salary threshold at which employees could be classified as exempt from overtime pursuant to the white...more

Blank Rome LLP

Employers Are Extra Grateful This Thanksgiving After Federal Court Sets Aside DOL’s Salary Threshold Increase

Blank Rome LLP on

Salary threshold. . .$35,568.00. . .the Eastern District of Texas. . .not the classic answers you expect to hear from your loved ones around the Thanksgiving table when you ask, “Hey guys, what are you most thankful for?”...more

Levenfeld Pearlstein, LLC

Federal Court Blocks Changes to Overtime Rules: Key Takeaways and Guidance for Employers

A federal judge in Texas has struck down the Biden administration’s overtime rule that would have extended overtime protections to an estimated four million additional workers. ...more

Steptoe & Johnson PLLC

History Repeats Itself: Texas Court Enjoins DOL Salary Basis Hikes for a Second Time

Steptoe & Johnson PLLC on

On Friday November 15, a federal judge in Texas issued a nationwide injunction barring the U.S. Department of Labor (DOL) from enforcing new regulations raising the salary level required for the so-called white-collar...more

Bass, Berry & Sims PLC

Federal Judge Strikes Down Increased FLSA Salary Basis Threshold

Bass, Berry & Sims PLC on

A federal judge in Texas recently ruled that the Department of Labor (DOL) did not have the authority to increase the salary basis threshold for the so-called “white-collar” exemptions from overtime.  This ruling means that...more

Troutman Pepper Locke

Federal Court Strikes Down DOL’s 2024 Rule on Overtime Exemptions Nationwide

Troutman Pepper Locke on

Last Friday, a Texas federal court struck down the U.S. Department of Labor’s (DOL) 2024 rule raising the minimum salary levels for certain exemptions to the overtime requirements of the Federal Labor Standards Act (FLSA)....more

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