News & Analysis as of

Fair Labor Standards Act (FLSA) Employer Responsibilities

Seyfarth Shaw LLP

PAID Back: DOL Revives Voluntary Self-Audit Program

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The U.S. Department of Labor has officially revived its Payroll Audit Independent Determination (PAID) program. Designed to help employers proactively resolve FLSA issues—and now, for the first time, certain FMLA...more

Ballard Spahr LLP

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

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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

Foley & Lardner LLP

Overcomplicating Overtime: How Employers Need to Assess the One Big Beautiful Bill’s Overtime Tax Changes

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One of the fastest trending topics in the employment and taxation blogosphere in recent weeks has been the passage of the One Big Beautiful Bill Act (OBBBA), which, among other provisions, allows for a tax deduction of up to...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

Littler

DOL Brings Back Payroll Audit Independent Determination (PAID) Program

Littler on

The U.S. Department of Labor (DOL) announced on July 24, 2025, the return of its Payroll Audit Independent Determination (PAID) program. The program was initially launched in April 2018 to facilitate early resolution of Fair...more

Rumberger | Kirk

The “Big Beautiful Bill” & Potential FLSA Pitfalls: What Employers Need to Know on “No Tax on Tips & Overtime” Provisions

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On July 4, 2025, as part of the One Big Beautiful Bill Act (Act), provisions titled “No Tax on Tips” and “No Tax on Overtime” were signed into law. These provisions created new individual income tax deductions for qualified...more

Baker Donelson

Maryland High Court Decision Impacting Wage and Hour Laws – Employers Take Note

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The Maryland Supreme Court recently certified in Martinez v. Amazon.com Services LLC that the de minimis doctrine applies to wage and hour law claims under the Maryland Wage and Hour Law and the Maryland Wage Payment and...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Will Not Seek Pre-Suit FLSA Liquidated Damages

Under the Fair Labor Standards Act, violations of overtime or minimum wage requirements can result in assessment of liquidated damages equal to the amount of unpaid wages. ...more

McGlinchey Stafford

5th Circuit Clarifies Highly Compensated Employee Exemption

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The highly compensated employee (HCE) exemption under the Fair Labor Standards Act (FLSA) is one of the most complex exemptions in employment law. In the recent case of Gilchrist, et. al. v. Schlumberger Technology Corp.(5th...more

Maynard Nexsen

Hold that Paycheck! Navigating Unpaid Suspensions for Exempt Employees

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On those (hopefully) rare occasions when a supervisor or other exempt employee must be suspended without pay for disciplinary reasons, employers should take special care to ensure that the unpaid suspension does not result in...more

Offit Kurman

Understanding the New Overtime Tax Policies in the Big Beautiful Bill

Offit Kurman on

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger break down the recently passed 'big, beautiful bill' and its implications for employers and employees regarding new tax policies on overtime...more

Jackson Lewis P.C.

Employers Won’t Face Double Damages from DOL Wage and Hour Division’s Administrative Proceedings

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The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance...more

Seyfarth Shaw LLP

WHD Makes it Clear: Double Damages are (Liqui)Dated

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The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so...more

FordHarrison

EntertainHR: Advice from Anora: Classify Correctly!

FordHarrison on

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

Conn Maciel Carey LLP

The One Big Beautiful Bill’s Overtime and Tax Provisions – Employer Consequences

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As we await the House of Representatives’ vote on the One Big Beautiful Bill, let’s highlight two key provisions that may soon impact employers and employees alike. The Senate bill under consideration before the House of...more

Bradley Arant Boult Cummings LLP

No Longer Doubling Down: DOL Will Not Seek Liquidated Damages in Wage Claims Before Suit

The call or visit that no employer wants to receive: a Department of Labor representative asking to look at your payroll records. The Fair Labor Standards Act (FLSA) gives the Department of Labor’s Wage and Hour Division...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS wraps it up: Four lessons for employers

"Reverse discrimination," ADA, religion, and nationwide injunctions. The 2024-25 term of the U.S. Supreme Court is over. Two decisions at the end of the term directly addressed employment law issues, and two others will have...more

Woods Rogers

Is the Four-Day Workweek Really a Benefit? What’s the Tea in L&E?

Woods Rogers on

In this episode of What’s the Tea in L&E, Labor & Employment attorney Fred Schutt joins host Leah Stiegler to dive into the hot topic of the four-day workweek. While the idea of a shorter workweek sounds appealing,...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy Clips Ep. 11 - Summer Interns and Short-Term Workers: 3 Tips for Managing Seasonal Hires

Summer hiring is in full swing! In this episode of Constangy Clips, Constangy attorney Obasi Bryant shares essential legal tips for managing seasonal workers, including high school and college interns. From child labor laws...more

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

Employer Considerations During Civil Unrest

Recent protests across major U.S. cities, including Los Angeles, have resulted in business disruptions impacting both employers and their employees. The events are a reminder for employers to prepare for emergencies in the...more

Davidoff Hutcher & Citron LLP

Overtime Compliance for New York Restaurant Owners: Avoiding Costly Legal Mistakes

Running a restaurant in New York involves managing a fast-paced, labor-intensive business—and keeping up with employment laws can be overwhelming. One of the most common legal pitfalls restaurant owners face is overtime...more

McAfee & Taft

No such thing as a free lunch (break): Don’t let unclear policies cost you

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Earlier this year, the U.S. Department of Labor filed a lawsuit against a healthcare management company for alleged violations of the Fair Labor Standards Act. The lawsuit claimed that the company improperly deducted 30...more

Akerman LLP - HR Defense

The Do’s and Don’ts of Internships

It’s that time of year again. Tens of thousands of high school, college, and graduate students will descend on employers this summer, looking to gain practical work experience in the various fields in which they have...more

Littler

Littler’s Semi-Annual Rates Update for Minimum Wage, Tips, and Exempt Pay Increases on July 1, 2025 (and Other Developments)

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Summer is upon us. Beaches, barbecues, and wage increases for non-exempt, exempt, and tipped employees! While some might not be as thrilled about the last item, we are excited to help employers across the United States...more

Seyfarth Shaw LLP

“Dear DOL”: Labor Department Re-Launches Opinion Letter Program

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In a welcome development for employers navigating complex federal employment laws, the U.S. Department of Labor has announced the re-launch of its opinion letter program across several agencies, including the Wage and Hour...more

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