News & Analysis as of

Fair Labor Standards Act (FLSA) Wage and Hour

Bradley Arant Boult Cummings LLP

7th Circuit “Opts In” to the Evolving Collective Action Debate

Just this week, in Richards v. Eli Lily & Co., the Seventh Circuit Court of Appeals became the third circuit to depart from the long-standing Lusardi standard for distributing notice to potential plaintiffs in collective...more

Cranfill Sumner LLP

DOL Ceases Enforcement of Liquidated Damages in FLSA Investigations

Cranfill Sumner LLP on

The Federal Fair Labor Standards Act (“FLSA”) is a federal law that establishes a standard minimum wage and overtime pay for eligible employees.  The FLSA also provides that employers who violate its requirements can be held...more

Brooks Pierce

Fourth Circuit Affirms Multi-Million Dollar Decision, Underscoring Risks in Worker Misclassification

Brooks Pierce on

Many businesses rely on independent contractors to stay flexible, control costs, and meet fluctuating demand, but misclassifying those workers can carry massive financial consequences. On July 17, 2025, the Fourth Circuit...more

Kerr Russell

Wage and Hour Self-audit Program May Allow Employers to Correct Wage Errors

Kerr Russell on

Many employers unknowingly classify employees as exempt from overtime pay or fail to correctly calculate wages and, in some cases, entitlement to unpaid leave time. This can result in significant liability under the Fair...more

Jackson Lewis P.C.

When ‘Independent Contractors’ Are Actually Employees: Lessons from the $9.3M Steadfast Medical Staffing Judgment

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fourth Circuit recently affirmed a $9.3 million judgment against a medical staffing agency in a Department of Labor (DOL) Fair Labor Standards Act (FLSA) enforcement action alleging nurses...more

Ice Miller

The U.S. Department of Labor Confirms to Employers That a Little Self-Reflection is a Good Thing

Ice Miller on

On July 24, 2025, the U.S. Department of Labor (DOL) issued a news release describing several programs available to employers, unions, and benefit plan administrators designed to strengthen protections for employees, while...more

Kerr Russell

Supreme Court and Sixth Circuit Case Law Updates

Kerr Russell on

From the U.S. Supreme Court to the Sixth Circuit Court of Appeals, courts have issued rulings that clarify — and in some cases, reshape — key aspects of labor and employment law....more

Epstein Becker & Green

Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®

This week, we examine a recent pivotal ruling by the U.S. Court of Appeals that could significantly influence how employers handle Fair Labor Standards Act (FLSA) collective actions. Nationwide FLSA Lawsuits Just Got...more

Womble Bond Dickinson

Unlocking Savings: New Tax Breaks for Overtime and Tips - What Employers Need to Know

Womble Bond Dickinson on

In a sweeping move set to reshape employee paychecks, the newly enacted One Big Beautiful Bill Act (OBBBA) introduces two significant federal tax deductions for hourly workers: one for overtime pay and another for tip income....more

Littler

2025 Session of the Virginia General Assembly Roundup

Littler on

Expansion of Restrictions on Non-Compete Agreements for “Low-Wage” Employees - Virginia already prohibits employers from entering into, enforcing, or threatening to enforce non-compete agreements against “low-wage...more

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

Beltway Buzz - August 2025

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Jackson Lewis P.C.

Ninth Circuit Hands Employers Split Decision on Key Procedural Aspects of FLSA Collective Actions

Jackson Lewis P.C. on

A recent decision by the U.S. Court of Appeals for the Ninth Circuit hit a trifecta of important legal procedures affecting litigation of Fair Labor Standards Act (FLSA) collective actions. Harrington v. Cracker Barrel Old...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your August 2025 To-Do List

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Here are the top ten items you should tackle in August, based on the latest workplace law developments and upcoming critical compliance dates...more

Littler

Policy Week in Review – August 2025

Littler on

The Littler WPI Policy Week in Review will pause for the August congressional recess and will return after Labor Day. Hiring Slowed to 73,000 Jobs in July - Employment increased by 73,000 jobs in July according to the...more

Parker Poe Adams & Bernstein LLP

Department of Labor Launches New and Expanded Self-Audit Programs Related to Labor Law Compliance

On July 24, the U.S. Department of Labor (DOL) announced several self-audit and voluntary compliance programs across six of its agencies aimed at what the agency describes as helping employers, unions, and benefit plan...more

Amundsen Davis LLC

National State Employment Law Update Covering the First Six Months of 2025

Amundsen Davis LLC on

2025 is halfway over, and already, there has been significant activity and legal developments throughout the U.S. on the state and local level.  Below is a recap of notable laws enacted throughout the U.S. that have become...more

Seyfarth Shaw LLP

PAID Back: DOL Revives Voluntary Self-Audit Program

Seyfarth Shaw LLP on

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

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Jackson Lewis P.C.

Fifth Circuit Decision Clarifies Application of Highly Compensated Employee Overtime Exemption

Jackson Lewis P.C. on

A recent decision by the U.S. Court of Appeals for the Fifth Circuit clarifies how courts should apply the Fair Labor Standards Act’s (FLSA’s) highly compensated employee (HCE) exemption and distinguishes the exemption from...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

Perkins Coie

DOL to No Longer Seek Pre-litigation Liquidated Damages

Perkins Coie on

The U.S. Department of Labor (DOL) announced in a field assistance bulletin that it will no longer seek liquidated damages in its wage and hour investigations.  This change, effective immediately, marks a significant...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

Fisher Phillips

Return of the PAID Program: Here’s What Employers Need to Know as DOL Reinstates Back Wage Payment Option

Fisher Phillips on

The US Department of Labor’s latest update rewards employers that proactively resolve potential wage and hour claims and obtain approval of their investigation and resolution. The DOL’s Wage and Hour Division first introduced...more

Roetzel & Andress

Trucking Companies Face Growing Wage & Hour Class Action Risks

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Are you a trucking company? If so, you may be exposed to class action lawsuits for minimum wage, break time, and overtime violations. Trucking companies are essential to our national economy and security. However, trucking...more

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