Minimum Wage, Corporate Counsel, Fair Labor Standards Act (FLSA)

Wave of Deregulation Hits DOL: What Employers Need to Know About the 60+ Rules on the Chopping Block

Fisher Phillips on 7/9/2025

The U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum...more

2025 Midyear State and Local Minimum Wage Increases

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/16/2025

Several state and local minimum wage rates will soon increase, beginning on July 1, 2025. This article provides the state and major locality minimum wage increases for mid-2025 only, along with related changes in the minimum...more

A Reminder of Changes to California Workplace Law from 2024

Jackson Lewis P.C. on 12/19/2024

As we wrap up 2024, here is a review of some of the changes to California employment law that will continue to affect employers in 2025. Legislative Changes...more

Supreme Court Set to Determine Burden of Proof on Fair Labor Standards Act Exemptions

Foley & Lardner LLP on 10/15/2024

The U.S. Supreme Court has set oral argument for November 5, 2024, in E.M.D. Sales, Inc. v. Carrera. The issue before the court is what standard of proof employers must satisfy to demonstrate that a Fair Labor Standards...more

When is a Mid-Level Manager Personally Liable for Wage Violations? 3 Steps for Employers After Recent Appeals Court Ruling

Fisher Phillips on 7/25/2024

A hotel manager was recently held individually liable for violations of federal wage and hour law under a broad definition of “employer.” Although the ruling applied to a unique set of facts – including that the manager was...more

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

Fisher Phillips on 9/5/2023

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

2022 Wage and Hour Developments: A Year in Review

Jackson Lewis P.C. on 1/12/2023

In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In “2022 Wage and Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal...more

Has Lynn’s Food Grown Stale? Courts Increasingly Question Obligation to Review FLSA Settlements

Jackson Lewis P.C. on 8/30/2022

For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the U.S. Department of Labor...more

Are Non-Emergency Transport Providers Employees or Independent Contractors? Jury Questions Exist, Eighth Circuit Holds

Jackson Lewis P.C. on 7/19/2022

Reversing summary judgment in favor of the U.S. Department of Labor (DOL), the Eighth Circuit has held that jury questions exist as to whether the defendant employed drivers who provide non-emergency medical transport...more

Forensic Photographer Trainee Takes Shot at Employee Status, But It Doesn’t Develop, 11th Circuit Rules

Jackson Lewis P.C. on 6/21/2022

A forensic photographer who enrolled in a county training program was an intern and not an employee, a three-judge panel of the Eleventh Circuit Court of Appeals has held in a divided opinion. As a result, her minimum wage...more

32-Hour Workweek? Not Just Yet, California Legislature Says

Venable LLP on 5/9/2022

Mercury in retrograde or a sign of the end times? In a rare win for employers, the California legislature this past week failed to advance Assembly Bill 2932 - mandating a 4-day workweek for large employers in the state -...more

Restaurant’s Mandatory Service Charge Was Not a Tip and May Satisfy FLSA Wage Requirements, Eleventh Circuit Holds

Jackson Lewis P.C. on 3/23/2022

A Miami restaurant’s mandatory 18% service charge did not constitute a “tip” under the Fair Labor Standards Act (FLSA) and therefore was properly applied toward satisfying the FLSA’s employee wage requirements, the U.S. Court...more

Federal Court Decision Protects Independent Contractor Status

Littler on 3/16/2022

On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/1/2021

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

Labor Department Rescinds Pro-Franchise Joint-Employment Rule

Polsinelli on 8/9/2021

On July 29, 2021, the U.S. Department of Labor announced it is rescinding a final rule issued just last year (2020 Final Rule) that sought to clarify the standard for finding two separate entities to be “joint employers”...more

U.S. Department of Labor Proposes Employee-Friendly Rules for Tipped Workers

Benesch on 6/23/2021

On June 21, 2021, the U.S. Department of Labor (“DOL”) introduced a proposed rule which, when effective, would impose increased limitations on when an employer can pay a tipped worker the “tipped minimum wage.” The proposed...more

DOL Proposes Rules To Limit ‘Side Work’ For Tipped Employees And Regulate Tip Credits

Fox Rothschild LLP on 6/22/2021

On June 21, 2021, the U.S. Department of Labor (DOL) announced proposed rules setting forth new tip regulations under the Fair Labor Standards Act (FLSA). These new rules would reinstate the so-called “80/20” rule under...more

Labor and Employment Rulemaking Prominent in President Biden’s First Regulatory Agenda

Littler on 6/17/2021

On June 11, 2021, the federal government released its unified federal regulatory agenda for spring 2021, which outlines regulatory and deregulation actions agencies expect to take in the coming months....more

Many Federal Contractors Required to Increase Minimum Wage for Workers By 2022: Highlights of the Biden Administration’s New...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/28/2021

On April 27, 2021, President Joe Biden signed a new executive order (EO) requiring federal contractors and subcontractors to pay a $15.00 minimum wage to the thousands of workers who are working on or in connection with...more

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