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Today's Popular Updates › Fair Labor Standards Act (FLSA) › Employer Liability Issues

A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Fisher Phillips

DOL Provides Long-Awaited Damages Relief to Employers in Wage and Hour Investigations: 3 Top Takeaways

Fisher Phillips on

The Department of Labor (DOL) just rolled back a Biden-era practice of demanding that employers pay liquidated damages – in an amount equal to back pay – to resolve wage and hour investigations. The Trump administration...more

Bradley Arant Boult Cummings LLP

Dusting Off the Ol’ Employee Handbook for 2025

Bradley Arant Boult Cummings LLP on

As we prepare for 2025, it’s essential to update your employee handbook to reflect the latest legal requirements, workplace trends, and best practices. Now is an opportune time to review and revise your policies to ensure...more

Herbert Smith Freehills Kramer

Federal Court Vacates DOL Overtime Rule

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A federal court has vacated the U.S. Department of Labor’s (DOL) 2024 final overtime rule, which increased the minimum salary threshold at which employees could be classified as exempt from overtime pursuant to the white...more

Sands Anderson PC

Texas Federal Court Vacates White Collar Salary Threshold Increase

Sands Anderson PC on

On November 15, 2024, a Texas Federal Court struck down the U.S. Department of Labor’s Final Rule increasing the salary threshold for “white collar” overtime exemptions. The Court’s decision applies to employers nationwide...more

Verrill

FLSA Salary Exemption Hike Set Aside Nationally: What to Do Now?

Verrill on

Earlier today, November 15, 2024, United States District Court Judge Sean D. Jordan of the Eastern District of Texas, granted summary judgment against the Department of Labor determining that the United States Department of...more

Winthrop & Weinstine, P.A.

Navigating the New DOL Rule on FLSA Overtime Exemptions: What Employers Need to Know

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Effective July 1, 2024, the U.S. Department of Labor’s (“DOL’s”) final rule on salary minimums for exempt employees (the “Overtime Rule”) under the Fair Labor Standards Act (“FLSA”) has come into effect.  This rule applies to...more

Franczek P.C.

Will The New Overtime Rule Take Effect July 1?

Franczek P.C. on

The clock is quickly ticking down to July 1, when the U.S. Department of Labor’s new rule increasing the minimum salary for many employees to be considered exempt from overtime under the Fair Labor Standards Act is supposed...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Butler Snow LLP

Hurry Up and Wait – DOL Final Rule increasing salary threshold on July 1, 2024 faces legal challenges

Butler Snow LLP on

On April 23, 2024, the United States Department of Labor (“DOL”) announced a final rule which will raise the salary threshold required to classify employees as exempt from overtime pay requirements under federal law.[1]...more

Morgan, Brown & Joy, LLP

U.S. Department of Labor Imposes New Minimum Salary Level for FLSA Overtime Exemptions, Impacting Millions

Morgan, Brown & Joy, LLP on

On April 23, 2024, the U.S. Department of Labor (DOL) released a final rule raising the minimum salary level for an employee to qualify as exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. Employers...more

Seyfarth Shaw LLP

A Four-Day Workweek? What Employers Can Expect from Congress’ Newest Fight for a 32-Hour Workweek

Seyfarth Shaw LLP on

A new piece of legislation introduced in Congress, if enacted, would amend the Fair Labor Standards Act to establish 32-hour workweek for non-exempt employees, with no loss in pay. While the bill is unlikely to gain steam, it...more

Troutman Pepper Locke

Is It Becoming Easy To Certify Collective Action Lawsuits Alleging Independent Contractor Misclassification? October 2022 IC Legal...

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Among the legal developments we report on below from October is a decision by a federal district court in California certifying a lawsuit for independent contractor misclassification as a collective action under the federal...more

Fenwick & West LLP

Fall 2022 Employment Law Roundup

Fenwick & West LLP on

U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act - On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more

Maynard Nexsen

Kronos Catastrophe: What Employers Can Do to Avoid Panicked Payroll Practices

Maynard Nexsen on

Ransomware locked up time records for thousands of companies across the country last month, and those records remain unavailable. Ultimate Kronos Group (“Kronos”) is a well-known workforce management platform used to track...more

Troutman Pepper Locke

CEOs May Be Personally Liable for Independent Contractor Misclassification: July 2021 Update

Troutman Pepper Locke on

Most class action cases of independent contractor misclassification are brought against corporate entities. Yet many laws also permit plaintiffs to sue company executives or managers for personal liability in such cases. In...more

Troutman Pepper Locke

Direct Selling and Door-to-Door Sales Under Attack: May 2021 IC News Update

Troutman Pepper Locke on

Direct sellers and door-to-door salespersons are frequently classified as independent contractors – and that classification is increasingly under attack, both by class action lawyers and the U.S. Department of Labor, as...more

Littler

Department of Labor Finds IRS Standard Mileage Reimbursement Rates Not Required For Delivery Drivers

Littler on

On August 31, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter finding that employers of delivery drivers need not reimburse mileage at the IRS “standard” reimbursement rate....more

Littler

Navigating Natural Disasters During a Pandemic – Key Considerations for Your Workforce

Littler on

In the midst of raging wildfires in Northern California and the aftermath of hurricanes Laura and Marco in the Gulf states, many employers are wondering how to respond and what happens next, particularly where employers have...more

Littler

Is Foresight 2020? Employers Confront New Laws Taking Effect in the New Year

Littler on

As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...more

Troutman Pepper Locke

August and September 2019 Independent Contractor Misclassification and Compliance News Update

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There were several notable court and administrative cases over the past two months, but they were overshadowed by a legislative matter: the enactment of Assembly Bill 5 in California, which was the subject of our September...more

Proskauer - California Employment Law

California Employment Law Notes - March 2019

Proskauer - California Employment Law on

Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more

Troutman Pepper Locke

February 2019 Independent Contractor Misclassification and Compliance News Update

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One need only glance at the court cases we report on below to understand why some businesses choose to settle independent contractor misclassification cases.  Three of these cases highlight the unpredictable approaches...more

Jackson Walker

New Fifth Circuit Decision Upholds Independent Contractor Status for Directional Driller Consultants Under the Fair Labor...

Jackson Walker on

Claim by Directional Drillers for Overtime Pay. The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield professionals...more

Husch Blackwell LLP

Legal Developments Throughout 2019 - A Human Resources Checklist

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In 2019, technology and cultural changes will continue to alter the labor and employment law landscape and to challenge employers and businesses to adapt their policies and practices to comply with state, local and federal...more

Troutman Pepper Locke

Insurance Agents Not Misclassified As Independent Contractors; Sixth Circuit Rules in Favor of Insurance Company in ERISA Class...

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For the past 18 months, insurance companies have been holding their collective breath to see if an appellate court would affirm or reverse an Ohio district court decision concluding that thousands of current and former agents...more

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