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New Regulations Fair Labor Standards Act (FLSA)

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

Sands Anderson PC

Virginia Expands Prohibition of Non-Competes

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Last August, Sands Anderson reported that the Federal Trade Commission’s rule banning non-competes was probably dead. While many employers likely breathed a sigh of relief after a federal judge in Texas struck down the...more

Conn Maciel Carey LLP

Leadership Updates and a New Opinion Letter Program Confirm the U.S. Department of Labor’s Increased Focus on Compliance...

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The U.S. Department of Labor (“DOL”) recently named several political appointments to its Wage and Hour Division (“WHD”). Employers know WHD is an entity with vast enforcement authority, including over minimum wage and...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

Offit Kurman

Virginia Expands Non-Compete Restrictions for Employers

Offit Kurman on

Virginia Governor Glenn Youngkin has signed Senate Bill 1218 into law, amending the state’s non-compete statute. Effective July 1, 2025, the updated law will broaden restrictions on non-compete agreements in Virginia....more

McAfee & Taft

DOL signals return to employer-friendly worker classification standards

McAfee & Taft on

Surging changes to workplace laws understandably have employers suffering from whiplash. Historically, employment laws have shifted when presidential administrations have changed. A May 1, 2025, announcement by the U.S....more

Epstein Becker & Green

DOL Shelves Independent Contractor Rule

Epstein Becker & Green on

On May 1, 2025, the U.S. Department of Labor’s (DOL) Wage and Hour Division (Division) issued Field Assistance Bulletin (FAB) No. 2025-1 (“FAB 2025-1”), announcing that it is currently working to reformulate the test as to...more

Kelley Drye & Warren LLP

DOL Signals Abandonment of Current Independent Contractor Rule

No one should be surprised that the independent contractor pendulum—which swings towards making that classification harder in Democratic administrations and easier in Republican ones—is now tilting towards making it easier....more

Parker Poe Adams & Bernstein LLP

DOL Announces Abandonment of Independent Contractor Rule

In 2024, the Department of Labor adopted regulations limiting the definition of independent contractors exempt from the provisions of the Fair Labor Standards Act’s overtime and minimum wage requirements....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

Keating Muething & Klekamp PLL

The Independent Contractor Tug-of-War: Navigating the Latest DOL Shifts

Classifying a worker as an independent contractor rather than an employee can be one of the more complicated—and risky—decisions an employer can make, as misclassification can lead to serious legal and financial consequences....more

Littler

DOL Hits Pause on Enforcement of Biden-Era Independent Contractor Rule, Suggests New or Changed Rule Forthcoming

Littler on

As expected with a change in the White House, and as very recently foretold in Department of Labor court filings, the Trump DOL announced via a Field Assistance Bulletin on May 1 that it will no longer enforce a 2024...more

Proskauer - Law and the Workplace

Virginia Strengthens Ban on Non-Competes for “Low-Wage Employees”

On March 24, 2025, Virginia Governor Glenn Younkin signed into law S.B. 1218, which amended Virginia’s non-compete law to expand the definition of “low-wage employees” with whom employers may not enter into non-competition...more

Paul Hastings LLP

Virginia Expands Noncompete Ban for Low-Wage Employees

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Virginia has expanded its limited prohibitions on the use of noncompetition agreements for “low-wage employees,” which have been in place since 2020. On March 24, 2025, Virginia Gov. Glenn Youngkin signed Virginia Senate...more

Brooks Pierce

Counting Down to the New Year: Ten “Need-to-Know” Labor and Employment Developments of 2024

Brooks Pierce on

2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...more

Hinshaw & Culbertson - Employment Law...

The Department of Labor Announces New Final Rule Clarifying Employee Representative Rights During Workplace Inspections

On March 29, 2024, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule (Final Rule) amending regulations for workplace investigations. It clarifies that employees may...more

White and Williams LLP

Third Circuit Adopts Majority Approach for Determining Whether Time Spent Donning and Doffing Must Be Compensated Under the FLSA

On August 16, 2023, the Court of Appeals for the Third Circuit clarified the test courts should use when determining whether workplace uniforms or safety gear are integral and indispensable to an employee's principal...more

FordHarrison

Congress Delivers New Protections for Pregnant and Nursing Mothers

FordHarrison on

As 2022 came to a close, President Biden signed the 2023 omnibus government funding bill. Included in the bill—with bipartisan support—are two provisions that expand protections for pregnant and nursing employees. Both of the...more

Steptoe & Johnson PLLC

Pennsylvania Updated Minimum Wage Regulations Take Effect This Friday

By Friday, August 5, Pennsylvania employers must ensure their wage and hour practices comply with the updated Pennsylvania minimum wage regulations. The new regulations address compensation calculations for tipped employees...more

Foley Hoag LLP

Biden Administration Tightens Enforcement of Tip Regulations

Foley Hoag LLP on

On September 24, 2021, the U.S. Department of Labor (DOL) issued a new final rule strengthening the enforcement provisions of existing regulations concerning tipped employees. While various regulations relating to tipped...more

ArentFox Schiff

In California, The “Regular Rate” for Meal and Rest Period Premium Pay and Overtime Are Now Retroactively the Same

ArentFox Schiff on

Since 2001, California Labor Code Section 226.7 has required employers to pay employees an additional hour of pay at the employee’s “regular rate of compensation” for not providing compliant meal or rest periods. The...more

Jaburg Wilk

Tipping Points – DOL Issues New Opinions About Paying Tipped Employees

Jaburg Wilk on

Days before the January 20, 2021, presidential inauguration, the U.S. Department of Labor (DOL), under the outgoing administration, issued a flurry of new regulations, rules and opinion letters that could significantly impact...more

Stokes Wagner

New Tipping Regulations Will Take Effect March 1, 2021

Stokes Wagner on

The Department of Labor has issued new tipping regulations, to take effect on March 1, that make a few significant changes, some of which may be advantageous to hospitality employers....more

ArentFox Schiff

DOL Opines That Weekly Hours Do Not Have to Fluctuate Above and Below 40 Hours to Qualify for the Fluctuating Workweek Overtime...

ArentFox Schiff on

The Administrator of the U.S. Department of Labor’s Wage and Hour Division (the WHD) issued an Opinion Letter on August 31, 2020, holding that an employee’s work hours do not have to fluctuate above and below 40 per workweek...more

Poyner Spruill LLP

DOL Issues Update on Joint Employment under the FLSA

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For the first time in 60 years, the U.S. Department of Labor updated the Fair Labor Standard Act’s (FLSA) joint employer regulations. (29 C.F.R. §§ 791.1 to 791.3.)...more

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