News & Analysis as of

Federal Labor Laws Wage and Hour

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

Phelps Dunbar

Between Enforcement and Protection: What Employees Need to Know About State and Federal Immigration Policy Shifts

Phelps Dunbar on

The U.S. Department of Labor’s Wage and Hour Division recently announced a suspension in enforcing the 2024 rule from the Biden Administration that is designed to enhance protections for H-2A workers....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

Saul Ewing LLP

New Provision Provides Above-The-Line Deduction for Overtime Pay

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The new tax legislation, part of the "One Big Beautiful Bill", includes a temporary tax break for overtime pay, allowing eligible workers to deduct a portion of their overtime earnings from their federal income taxes. Section...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

Seyfarth Shaw LLP

Where It’s Filed Really Matters: Jurisdictional Limits in Wage and Hour Litigation

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The Ninth Circuit’s decision in Harrington v. Cracker Barrel underscores the growing importance of personal jurisdiction in limiting the scope of FLSA collective actions. The court held that employees with no connection to...more

Whiteford

Employment Law Update: Maryland Supreme Court Decides Not To Trifle With Wage And Hour Claims

Whiteford on

Ruling on a matter of first impression under Maryland law, the Maryland Supreme Court recently decided, in Martinez, et al. v. Amazon.com Services LLC, Misc. No. 17, Sept. Term 2024 (July 3, 2025), that the rule of “de...more

Offit Kurman

H.R.1 Ends Taxes on Tips & Overtime: Employer Guide

Offit Kurman on

On July 4, 2025, President Donald J. Trump signed H.R.1—the One Big Beautiful Bill Act—into law following its narrow passage in the House of Representatives just days earlier. Touted as the Trump administration’s marquee...more

McGuireWoods LLP

Ninth Circuit: Every FLSA Opt-in Claim Must Be Sufficiently Connected to Forum State

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On July 1, 2025, the U.S. Court of Appeals for the Ninth Circuit, in Harrington v. Cracker Barrel Old Country Store, became the latest federal circuit to rule that the U.S. Supreme Court decision in Bristol-Meyers Squibb...more

Littler

Policy Week in Review – July 2025 #1

Littler on

“Big Beautiful” Reconciliation Bill Pending Final Passage in the House  Earlier this week, the U.S. Senate passed the reconciliation bill by a narrow vote of 51-50, with Vice President JD Vance casting the tie-breaking vote....more

Blank Rome LLP

Ding! Dong! U.S. DOL Assessment of Liquidated Damages Is Dead!

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The United States Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) on June 27, 2025, putting to bed, hopefully once and for all, the DOL’s unauthorized practice of requiring employers to pay liquidated...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

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

CDF Labor Law LLP

DOL Terminates Practice of Seeking Liquidated Damages in Wage and Hour Investigations and Administrative Settlements

CDF Labor Law LLP on

Most California employers do not get investigated by the United States Department of Labor (“USDOL”) because wage and hour enforcement in California is generally covered by the California Labor Commissioner and plaintiffs in...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

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published May 2025

Immigration. There were many decisions by classes seeking certification of habeas claims related to President Donald Trump’s invocation of the Alien Enemies Act that reached different decisions on whether to certify...more

Blake, Cassels & Graydon LLP

Enjeux de conformité pour les employeurs qui exercent des activités dans plusieurs territoires

Les employeurs qui exercent des activités dans plusieurs territoires du Canada doivent se tenir bien au fait des différentes normes et lois en matière d’emploi applicables afin de s’assurer de s’acquitter de leurs obligations...more

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

Beltway Buzz - June 2025 #3

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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Blaming Union for Delay in Pay Increases Violates NLRA

Unionization campaigns often become heated, resulting in claims and criticism by both management and organized labor that walk a fine line between protected speech and illegal intimidation....more

Vedder Price

U.S. Department of Labor Announces Relaunch & Expansion of Its Opinion Letter Program

Vedder Price on

On June 2, 2025, the U.S. Department of Labor (DOL) announced the relaunching and expansion of its opinion letter program (Program). The Program is designed to help the public understand their compliance obligations through...more

Littler

Policy Week in Review – June 2025

Littler on

U.S. Department of Labor Expands Opinion Letter Program  - In an effort to increase official guidance and provide compliance assistance to the regulated community, the U.S. Department of Labor expanded its opinion letter...more

Fisher Phillips

DOL Reboots Opinion Letter Program to Offer Guidance on Wage and Hour, Workplace Safety, and More

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The US Department of Labor just relaunched and significantly expanded its opinion letter program, offering employers across five enforcement agencies a direct line to legal interpretations of federal laws on wage and hour,...more

Cranfill Sumner LLP

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

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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

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

Department of Labor Announces Expansion of Interpretation Letters Initiative

On June 2, 2025, Deputy Secretary of Labor Keith Sonderling announced a renewed and expanded commitment by the U.S. Department of Labor (DOL) to the issuance of interpretation letters—commonly referred to as opinion letters...more

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