News & Analysis as of

Final Rules Fair Labor Standards Act (FLSA) Corporate Counsel

Foley & Lardner LLP

Trump Department of Labor Signals Likely Retreat from Biden Era Independent Contractor Classification Rule

Foley & Lardner LLP on

We’ve written before about the “tennis match” that describes how, with changes in presidential parties, the Department of Labor (DOL) has proposed different tests to determine whether workers are “employees” covered by the...more

Herbert Smith Freehills Kramer

Consulting the Crystal Ball — What Employers Can Anticipate in 2025

With Inauguration Day now behind us and a new presidential administration taking control, employers should expect significant changes to many aspects of the federal government’s administrative agenda under a second Donald...more

BakerHostetler

Is Your Payroll Department Ready to Close Out 2024 and to Start 2025?

BakerHostetler on

The FLSA’s minimum wage and overtime requirements do not apply to any employee employed in a bona fide executive, administrative, or professional (EAP) capacity, nor do they apply to highly compensated employees who perform...more

Dorsey & Whitney LLP

A Federal District Court Struck Down the Department of Labor’s Minimum Salary Increase for Exempt Employees: Now What?

Dorsey & Whitney LLP on

On November 15, 2024, the United States District Court for the Eastern District of Texas overturned a 2024 rule that raised the salary threshold for workers to qualify for an exemption under the Fair Labor Standards Act...more

BakerHostetler

Is It Dead? The Department of Labor’s 2024 Rule Increasing the Minimum Salary Threshold for Exempt Employees Is Vacated - For Now

BakerHostetler on

On Friday, November 15, in State of Texas v. DOL et al., Case No. 4:24-CV-499-SDJ, 4:24-CV-468-SDJ, the United States District Court for the Eastern District of Texas vacated the Department of Labor’s (DOL) 2024 Salary...more

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

Texas Federal Judge Appears Poised to Strike Down DOL Overtime Rule

A federal judge in Texas seemed skeptical that the U.S. Department of Labor (DOL) did not overreach with its latest rule that raised the minimum salary thresholds to the Fair Labor Standards Act’s (FLSA) white-collar overtime...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Considers Whether Labor Department Has Authority to Require Minimum Salary for Exemptions

The Department of Labor’s decision to significantly increase the minimum salary required to claim the so-called white-collar exemptions from federal overtime requirements has prompted legal challenges from employers. ...more

Epstein Becker & Green

DOL Offering Webinars on Final Overtime Rule

Epstein Becker & Green on

As we have previously addressed, the U. S. Department of Labor (DOL) has issued its final rule raising salary thresholds for overtime exemptions under the federal Fair Labor Standards Act (FLSA) effective January 1, 2025. ...more

Troutman Pepper Locke

Legally Nil, But Will Look a Lot Like a “Score”: Labor Department Issues Its Final Rule ‎on Independent Contractor Status‎

Troutman Pepper Locke on

It has been well over a year since the U.S. Department of Labor issued its proposed rule entitled “Employee or Independent Contractor Classification under the Fair Labor Standards Act.” The regulation was expressly intended...more

Jackson Lewis P.C.

DOL Announces Plan to Issue New Independent Contractor Final Rule

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has announced its intention to issue a new final rule regarding the employee-vs.-independent contractor analysis under the Fair Labor Standards Act (FLSA)....more

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

DOL’s Dual Jobs Final Rule: Will It Be a Horror Show for Employers?

On October 28, 2021, the U.S. Department of Labor (DOL) released a final rule that may cause many employers in the restaurant, hospitality, and service industries to rethink and/or end their use of tip credits under the...more

Holland & Knight LLP

DOL May Rescind Final Rules on Independent Contractor, Joint Employer Status

Holland & Knight LLP on

The U.S. Department of Labor (DOL) proposed on March 11, 2021, withdrawing the independent contractor and joint employer final rules under the Fair Labor Standards Act (FLSA). The independent contractor final rule provides...more

Smith Anderson

DOL Announces Final Rule on Classification as Independent Contractor or Employee

Smith Anderson on

On January 7, 2021, the federal Department of Labor (DOL) published its final rule for determining whether a worker is an independent contractor or an employee for purposes of the Fair Labor Standards Act (FLSA). According to...more

Seyfarth Shaw LLP

US DOL Issues Final Rule on Independent Contractor Status Under the FLSA

Seyfarth Shaw LLP on

With the growth of the gig economy, the increased desire of some workers to control their own work hours to ensure a work-life balance, and the evolution of the modern workplace to one in which workers rarely retain one...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Joint Employer Status Under the Fair Labor Standards Act

With the March 16, 2020 effective date of the new rule interpreting joint employer status under the Fair Labor Standards Act (“FLSA”) almost upon us, employers should brush up on the updated guidance and review their...more

Polsinelli

Department of Labor Clarifies that Franchising Does Not Make Joint-Employer Status More Likely under FLSA

Polsinelli on

On January 12, 2020, the U.S. Department of Labor announced a final rule that updates its regulations interpreting when multiple entities can be held liable as “joint employers” for wage-and-hour violations under the Fair...more

Fisher Phillips

Labor Department’s New 4-Factor Rule Attempts To Limit Joint Employment

Fisher Phillips on

The U.S. Department of Labor just finalized its rule that attempts to limit the scope of joint employment liability for wage and hour matters. Although much remains to be seen, this rule may usher in a new era, and could lead...more

Bradley Arant Boult Cummings LLP

Keeping It Regular: DOL Issues Rule Clarifying Regular Pay Rate

The Department of Labor recently issued a final rule about how to calculate an employee’s regular rate of pay for overtime purposes under the Fair Labor Standards Act. As everyone knows, under the FLSA you have to pay...more

Seyfarth Shaw LLP

DOL Announces Rule Clarifying Joint Employment Under FLSA

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 12, 2020, the U.S. Department of Labor announced its Final Rule clarifying the issue of joint employment under the Fair Labor Standards Act. The Final Rule adopts a four-factor balancing test and...more

Epstein Becker & Green

Time Is Running Out to Make Important Decisions to Comply with New FLSA “White Collar” Salary Thresholds

Epstein Becker & Green on

As we wrote here in September 27, the new “white collar” salary thresholds under the federal Fair Labor Standards Act (“FLSA”)  are set to go into effect on January 1, 2020. That deadline is sneaking up fast....more

Epstein Becker & Green

The New DOL Overtime Rule Presents Challenges That Employers Must Address Swiftly

Epstein Becker & Green on

On September 24, 2019, the U.S. Department of Labor (“DOL”) issued its highly anticipated final rule regarding amendments to the overtime exemption criteria for the administrative, executive, and professional (“EAP”)...more

Littler

The Final Rule on Overtime is Finally Here: Minimum Salary Level for Exemption Increased to $35,568 Effective January 1, 2020

Littler on

The U.S. Department of Labor unveiled its long-awaited final rule on the overtime “white collar” exemptions on September 24, 2019.  The regulations, at 20 CFR Part 541, were last updated in 2004, when the DOL increased the...more

Littler

DOL Seeks Input Before Issuing New Proposed Rulemaking on the White Collar Exemptions

Littler on

On July 25, 2017, the Department of Labor's Wage and Hour Division announced its intent to publish a Request for Information (RFI) seeking input from the public before issuing revised proposed overtime exemption regulations...more

Seyfarth Shaw LLP

The Parties’ Briefs in Nevada v. DOL Are In…Now What?

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 30, the Department of Labor filed its reply brief to support its appeal from a preliminary injunction that enjoined the DOL from implementing its 2016 revisions to the salary-level tests for...more

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

Trump DOL to the Fifth Circuit: Uphold Ability to Set a Salary Level, But Don’t Rule on $913 Per Week Threshold

For the past seven months, employers throughout the country have been wondering what the future would hold with respect to the revised overtime regulations that were supposed to become effective last December and what...more

30 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide