News & Analysis as of

Regulatory Reform Wage and Hour

Seyfarth Shaw LLP

PAID Back: DOL Revives Voluntary Self-Audit Program

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The U.S. Department of Labor has officially revived its Payroll Audit Independent Determination (PAID) program. Designed to help employers proactively resolve FLSA issues—and now, for the first time, certain FMLA...more

Cozen O'Connor

Newly Proposed Changes to Overhaul the H-1B Random Selection Lottery

Cozen O'Connor on

On July 17, 2025, the Trump administration formally submitted a proposal to overhaul the H-1B cap selection process, marking a significant shift in U.S. immigration policy. Currently, the USCIS conducts a random lottery to...more

Jackson Lewis P.C.

Employers Won’t Face Double Damages from DOL Wage and Hour Division’s Administrative Proceedings

Jackson Lewis P.C. on

The U.S. Department of Labor’s Wage and Hour Division (WHD) has issued new internal guidance that significantly changes its approach to administrative settlements under the Fair Labor Standards Act (FLSA). In Field Assistance...more

Morgan Lewis

US Department of Labor Rolls Back Biden-Era FLSA Practices

Morgan Lewis on

The US Department of Labor has recently rolled back two critical Biden-era wage and hour practices. First, the DOL has stated that it will no longer enforce the 2024 Final Rule’s framework for determining employee or...more

Littler

DOL Proposes Rule to Reinstate Companionship & Live-in Exemptions from Minimum Wage and Overtime for Third-Party Employers

Littler on

On July 2, 2025, the U.S. Department of Labor’s Wage and Hour Division issued a proposed rule that would reinstate the Fair Labor Standards Act’s (FLSA) minimum wage and overtime exemption for home care workers employed by...more

Littler

DOL Withdraws Rule Aimed at Eliminating Subminimum Wages for Workers with Disabilities

Littler on

On July 7, 2025, the U.S. Department of Labor (DOL) formally withdrew its Notice of Proposed Rulemaking (NPRM) that would have amended 29 C.F.R. part 525 by phasing out the issuance of certificates authorizing subminimum...more

Littler

Policy Week in Review – July 2025 #1

Littler on

“Big Beautiful” Reconciliation Bill Pending Final Passage in the House  Earlier this week, the U.S. Senate passed the reconciliation bill by a narrow vote of 51-50, with Vice President JD Vance casting the tie-breaking vote....more

Fox Rothschild LLP

United States DOL announces that it will no longer oversee the payment of liquidated damages in FLSA administrative hearings

Fox Rothschild LLP on

Last week the Wage and Hour Division of the United States Department of Labor (“WHD”) made a significant announcement concerning the available damages in administrative proceedings. In a field assistance bulletin it...more

Foley & Lardner LLP

In Case You Missed It: DOL Prohibited From Collecting Liquidated Damages in Wage & Hour Pre-Litigation Investigations

Foley & Lardner LLP on

In case you missed it, the Department of Labor (DOL) issued a News Release on Friday, June 27, 2025, announcing it would no longer seek liquidated damages during pre-litigation investigations or associated settlements (this...more

Ballard Spahr LLP

President Trump’s Budget Goes To Work Against Enforcement Agencies with Significant Cuts to DOL and NLRB

Ballard Spahr LLP on

President Trump’s proposed budget for Fiscal Year (FY) 2026 includes substantial reductions to the U.S. Department of Labor’s (DOL) budget and staff.  The proposed discretionary budget is slashed from $13.5 billion to $9...more

Fox Rothschild LLP

Washington, DC Pauses Upcoming Increase to the Tipped Minimum Wage

Fox Rothschild LLP on

The District of Columbia passed emergency legislation on June 3, 2025 that paused an increase to the tipped minimum wage from $10 per hour to $12 per hour, which was originally set to take effect on July 1, 2025. At least for...more

Littler

Policy Week in Review – June 2025

Littler on

U.S. Department of Labor Expands Opinion Letter Program  - In an effort to increase official guidance and provide compliance assistance to the regulated community, the U.S. Department of Labor expanded its opinion letter...more

Pullman & Comley, LLC

Brownfield Projects Receive a Critical Carve-Out from Connecticut’s Prevailing Wage Laws

Pullman & Comley, LLC on

A key amendment to the state’s prevailing wage laws was passed by the General Assembly last night (June 3) as part of the passage of the comprehensive State Budget Implementer Bill (Bill No. 7187). The amendment helps resolve...more

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

Department of Labor Announces Expansion of Interpretation Letters Initiative

On June 2, 2025, Deputy Secretary of Labor Keith Sonderling announced a renewed and expanded commitment by the U.S. Department of Labor (DOL) to the issuance of interpretation letters—commonly referred to as opinion letters...more

Ballard Spahr LLP

Maryland enacts Earned Wage Access legislation

Ballard Spahr LLP on

A new Maryland law deems certain earned wage access (EWA) services to be loans. It then subjects those EWA services to the Maryland Consumer Loan Law and other consumer credit provisions, restricts the acceptance of tips by...more

Perkins Coie

May Tip of the Month: New York Eases Penalties for First-Time Pay Frequency Violations

Perkins Coie on

On May 9, 2025, Governor Kathy Hochul signed into law significant amendments to the New York labor law, providing relief to employers in connection with frequency-of-pay violations. Previously, New York employers who failed...more

Littler

DOL Reinstates Virtual Marketplace Platform Opinion Letter Signaling Return to Relaxed Independent Contractor Test and Acceptance...

Littler on

In recent months, the Department of Labor (DOL) has seen an overhaul of its agency leadership. First, President Trump appointed Secretary of Labor Lori Chavez-DeRemer and Deputy Secretary Keith Sonderling, and more recently,...more

Sheppard Mullin Richter & Hampton LLP

DOJ Retracts Biden-Era Independent Contractor Classification Rule

On May 1, 2025, the United States Department of Labor’s (“DOL”) Wage and Hour Division announced it would not enforce or apply the Biden-era 2024 Final Rule regarding independent contractor classification (“2024 Rule”)....more

Husch Blackwell LLP

Missouri Legislature Passes Bill Repealing Paid Sick Leave Mandate and Amending Minimum Wage Law: What Employers Need to Know

Husch Blackwell LLP on

In the evening hours of May 14, 2025, the Missouri Senate passed House Bill 567 (the Bill) which effectively repeals the requirements of Proposition A. The Senate adopted the House version of the Bill without adding any...more

Polsinelli

DOL Abandons 2024 Independent Contractor Test

Polsinelli on

What You Need to Know - The U.S. Department of Labor has announced it will no longer enforce the 2024 independent contractor rule under the Fair Labor Standards Act (FLSA), reverting to the more employer-friendly 2008...more

Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors: What Does It Mean For Manufacturers and Franchisors?

Foley & Lardner LLP on

On May 1, 2025, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden...more

Foley & Lardner LLP

DOL Alters Enforcement Position on Independent Contractors

Foley & Lardner LLP on

On May 1, 2025, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin stepping back from a restrictive independent contractor rule issued under the Biden administration — a...more

Akerman LLP - HR Defense

DOL Signals Changes to Independent Contractor Rule

On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the...more

Littler

NYS Legislature and Governor Hochul Reach Agreement in State Budget to Limit Damages on Frequency-of-Pay Cases

Littler on

In a significant development for New York employers, the New York State Legislature and Governor Kathy Hochul have agreed to amend the New York Labor Law (NYLL) to limit the damages available in so-called “frequency-of-pay”...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

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