News & Analysis as of

Fair Labor Standards Act (FLSA) Wage and Hour Biden Administration

Morgan Lewis

US Department of Labor Rolls Back Biden-Era FLSA Practices

Morgan Lewis on

The US Department of Labor has recently rolled back two critical Biden-era wage and hour practices. First, the DOL has stated that it will no longer enforce the 2024 Final Rule’s framework for determining employee or...more

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

WHD Drops Proposal to End Subminimum Wages for Workers With Disabilities

The U.S. Department of Labor (DOL) Wage and Hour Division (WHD) is withdrawing a Biden-era proposal to end the practice of paying subminimum wages to workers with certain disabilities after determining that the agency lacks...more

Littler

DOL Withdraws Rule Aimed at Eliminating Subminimum Wages for Workers with Disabilities

Littler on

On July 7, 2025, the U.S. Department of Labor (DOL) formally withdrew its Notice of Proposed Rulemaking (NPRM) that would have amended 29 C.F.R. part 525 by phasing out the issuance of certificates authorizing subminimum...more

Fox Rothschild LLP

United States DOL announces that it will no longer oversee the payment of liquidated damages in FLSA administrative hearings

Fox Rothschild LLP on

Last week the Wage and Hour Division of the United States Department of Labor (“WHD”) made a significant announcement concerning the available damages in administrative proceedings. In a field assistance bulletin it...more

Foley & Lardner LLP

In Case You Missed It: DOL Prohibited From Collecting Liquidated Damages in Wage & Hour Pre-Litigation Investigations

Foley & Lardner LLP on

In case you missed it, the Department of Labor (DOL) issued a News Release on Friday, June 27, 2025, announcing it would no longer seek liquidated damages during pre-litigation investigations or associated settlements (this...more

Bass, Berry & Sims PLC

DOL Announces Enforcement Position on Independent Contractor Rule

Bass, Berry & Sims PLC on

On May 1, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin announcing that the Wage and Hour Division (WHD) will no longer enforce the 2024 independent contractor Final Rule previously established by the...more

Cranfill Sumner LLP

Hiring Seasonal Employees for the Summer? Catch Up on the Latest in Federal Overtime Law.

Cranfill Sumner LLP on

With summer nearing, employers across North Carolina and the country are swelling their ranks with seasonal employees. This article aims to update employers about the current state of federal law for paying workers who work...more

Littler

DOL Reinstates Virtual Marketplace Platform Opinion Letter Signaling Return to Relaxed Independent Contractor Test and Acceptance...

Littler on

In recent months, the Department of Labor (DOL) has seen an overhaul of its agency leadership. First, President Trump appointed Secretary of Labor Lori Chavez-DeRemer and Deputy Secretary Keith Sonderling, and more recently,...more

Ballard Spahr LLP

Department of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated Workers

Ballard Spahr LLP on

During the Biden administration, the U.S. Department of Labor (DOL) issued a final regulation (the “2024 Rule”) seeking to increase the salary threshold for overtime eligibility for the “white-collar” exemption (also referred...more

Akerman LLP - HR Defense

DOL Signals Changes to Independent Contractor Rule

On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the...more

Lathrop GPM

U.S. DOL Likely to Alter Employee vs. Independent Contractor Classification Rules Under FLSA

Lathrop GPM on

Newly published guidance may mean it will be easier for employers to classify workers as independent contractors under the federal Fair Labor Standards Act (FLSA)....more

Brooks Pierce

Update: DOL Investigators Directed Not to Apply 2024 Independent Contractor Rule

Brooks Pierce on

New U.S. DOL Guidance on Independent Contractor vs. Employee Analysis -On May 1, 2025, the U.S. Department of Labor (“U.S. DOL”) Wage & Hour Division issued a field assistance bulletin (“FAB”) to guide investigators on...more

Franczek P.C.

Department of Labor Signals Rescission of FLSA Exemption Salary Thresholds

Franczek P.C. on

The Trump Administration has signaled it intends to reconsider the previously enjoined 2024 rule that would have increased the minimum salary threshold required for an employee to be exempt from overtime under the Executive,...more

Jackson Lewis P.C.

Reprieve Extended? DOL to Halt Efforts to Restore 2024 Minimum Salary Rule for Exempt Employees

Jackson Lewis P.C. on

Employers were granted a reprieve last fall when a federal court invalidated the U.S. Department of Labor’s (DOL’s) final rule increasing the minimum salary requirements for the “white collar” or “EAP” exemptions (executive,...more

Jackson Lewis P.C.

Trump Revokes Biden Federal Contractor Minimum Wage Mandate: What to Expect Next

Jackson Lewis P.C. on

President Donald Trump has rescinded President Joe Biden’s executive order (EO) increasing the minimum wage for employees of federal contractors. The rescission was one of numerous Biden EOs revoked by Trump in a second wave...more

Littler

President Trump Decreases Minimum Wage for Federal Contractors

Littler on

On March 14, 2025, President Trump issued an executive order ending the obligation to pay individuals working on or in connection with certain federal contracts or subcontracts a minimum wage currently set at $17.75 per hour....more

Ice Miller

President Trump Eliminates Increased Minimum Wage for Federal Contractors

Ice Miller on

After years of litigation surrounding executive orders establishing a minimum wage for federal contractors, on March 14, 2025, President Trump signed an executive order revoking Executive Order (EO) 14026 issued by former...more

McGlinchey Stafford

Executive Orders and Federal Contractors: Minimum Wage Requirements Called into Question

McGlinchey Stafford on

We’ve seen the President issue a number of executive orders in recent weeks. What is the precedent for these orders, particularly when it comes to governing the operations of federal contractors? What is the process for these...more

Jackson Lewis P.C.

Uncertainty for Federal Contractors: Circuits Split as Fifth Circuit Upholds Minimum Wage Mandate

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fifth Circuit has reversed a Texas federal court’s decision that invalidated President Joe Biden’s executive order increasing the hourly minimum wage for employees of federal contractors. The...more

Parker Poe Adams & Bernstein LLP

Supreme Court Lets Federal Contractor Minimum Wage Hike Stand

Last week, the U.S. Supreme Court declined to hear an appeal of a Tenth Circuit Court of Appeals decision upholding former President Joe Biden’s executive order increasing the minimum wage applicable to employees of certain...more

Venable LLP

Wage and Hour Law during Trump's Next Administration: Issues We're Watching

Venable LLP on

As the country prepares for a new presidential administration, employers and employees alike face questions about the future of wage and hour law. While there is potential for change in various wage and hour issues during the...more

Constangy, Brooks, Smith & Prophete, LLP

DOL has authority to include salary threshold when determining exempt status, appeals court says

During 2024 we have reported on several high-profile cases that have challenged wage-related regulations issued by the U.S. Department of Labor – including tips, independent contractors, and the white-collar exemptions to the...more

BakerHostetler

Fifth Circuit Upholds DOL Authority to Set Minimum Salary Threshold for EAP Exemption from FLSA Overtime Requirements

BakerHostetler on

In a follow-up to our previous client alerts on the U.S. Department of Labor (DOL) issuing a new overtime exemption rule and legal challenges to the new rule, a three-judge panel on the Fifth Circuit found that the DOL was...more

The Wagner Law Group

DOL Releases Final Rule Revising FLSA Overtime Regulations

The Wagner Law Group on

On April 23, 2024, the Biden administration announced a final rule that impacts overtime protections by increasing compensation thresholds. The rule is intended to assist lower-paid salaried workers by expanding their...more

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

DOL’s Wage and Hour Division Issues New Guidance on Employers’ Use of AI

On April 29, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published new guidance clarifying employers’ obligations under federal labor laws as they pertain to use of automated systems and artificial...more

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