News & Analysis as of

Minimum Wage Department of Labor (DOL) Corporate Counsel

Fisher Phillips

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

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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

Foley & Lardner LLP

Trump Executive Order Affects Federal Contractor Minimum Wage

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On March 14, 2025, the president issued a new executive order (EO) entitled, “Additional Rescissions of Harmful Executive Orders and Actions.” This new executive order revokes EO 14026, issued by President Biden, which raised...more

Jackson Lewis P.C.

A Reminder of Changes to California Workplace Law from 2024

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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

Fisher Phillips

Trump Shocks Employers by Tapping Chavez-DeRemer for Secretary of Labor: The 10 Things Employers Can Expect

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President-elect Trump surprised the business community on Friday night when he announced Lori Chavez-DeRemer as his nominee to lead the U.S. Department of Labor. Her selection was met by skepticism by some in the employer...more

Holland & Knight LLP

Ninth Circuit Says Federal Contractor Minimum Wage Is Unlawful

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The U.S. Court of Appeals for the Ninth Circuit ruled that the president lacks authority under the Federal Property and Administrative Services Act of 1949 to set a federal contractor minimum wage, creating a split with other...more

Fisher Phillips

Employer Cheat Sheet for Workplace Laws Taking Effect July 1

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As we reach the midyear point, we’re rounding up the new workplace laws that will take effect on July 1. With so many laws about to kick in, it can be hard to keep track of it all. Here’s a guide to some of the federal,...more

Jackson Lewis P.C.

Tenth Circuit Upholds Court’s Refusal to Enjoin Federal Contractor Minimum Wage Hike

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President Joe Biden likely has authority under the Procurement Act to raise the minimum wage for employees of federal contractors to $15 per hour, the U.S. Court of Appeals for the Tenth Circuit ruled. Bradford v. U.S. Dep’t...more

Bass, Berry & Sims PLC

Tenth Circuit Gives Biden Administration Major Win in Contractor Minimum Wage Case

On April 30, the U.S. Court of Appeals for the Tenth Circuit affirmed a lower court’s ruling denying a bid from two outdoor recreation companies asking for a preliminary injunction on a 2021 Department of Labor (DOL) rule...more

BakerHostetler

Another Minimum Wage Increase on the Horizon for Federal Contractors

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The DOL announcement comes on the heels of a federal district court in Texas blocking the enforcement of Biden’s Executive Order 14026 in three states (Texas, Louisiana and Mississippi). The federal court determined that...more

Seyfarth Shaw LLP

New York to Increase Wage Protections for Executive, Administrative, and Professional Employees

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Seyfarth Synopsis:  The New York State Legislature has passed a bill that increases the earnings threshold for executive, administrative, and professional employees to file a complaint with the New York Department of Labor...more

Fisher Phillips

Restaurant Owner Learns Dangers of Comingling Employees Between Locations – 4 Lessons for Hospitality Employers

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Federal wage officials recently announced that two Florida restaurants with common ownership failed to properly calculate overtime pay when their employees worked at both locations in the same workweek – sending a stark...more

Jackson Lewis P.C.

2022 Wage and Hour Developments: A Year in Review

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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

Jackson Lewis P.C.

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

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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

Fisher Phillips

The Top 14 Workplace Law Stories from July 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Jackson Lewis P.C.

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

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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

Jackson Lewis P.C.

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

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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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Littler

Federal Court Decision Protects Independent Contractor Status

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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

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

Polsinelli

Labor Department Rescinds Pro-Franchise Joint-Employment Rule

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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

Wiley Rein LLP

An Interesting Development in DoL’s Proposed Implementation of EO 14026’s $15 Contractor Minimum Wage

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WHAT: The U.S. Department of Labor (DoL) published its proposed rule to implement Executive Order (EO) 14026, Increasing the Minimum Wage for Federal Contractors. EO 14026, covered in our prior alert, requires increasing the...more

Saul Ewing LLP

DOL Issues Proposed Rule Increasing Minimum Wage to $15/ Hour for Federal Contracts

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On July 21, 2021 the Department of Labor (“DOL”) published a Proposed Rule that will raise the minimum wage for federal contractors to $15 per hour beginning January 30, 2022. It also calls for annual, indexed increases...more

Proskauer - Government Contractor Compliance...

DOL Issues Proposed Rule on Raising Minimum Wage to $15 per Hour for Federal Contractor Employees

On July 21, 2021, the Department of Labor (“DOL”) announced a proposed rule (the “Proposed Rule”) to implement President Biden’s Executive Order (the “Order”) requiring an increase of the minimum wage for certain employees of...more

Benesch

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

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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

Fox Rothschild LLP

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

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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

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