News & Analysis as of

Secretary of Labor Wage and Hour Fair Labor Standards Act (FLSA)

Seyfarth Shaw LLP

WHD Makes it Clear: Double Damages are (Liqui)Dated

Seyfarth Shaw LLP on

The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so...more

Jackson Lewis P.C.

Proposed Rule Would End Subminimum Wage for Employees with Disabilities

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has issued a proposed rule to end the practice of paying subminimum wages to certain workers with disabilities. The proposed rule, announced December 3, 2024, marks the first rulemaking...more

Roetzel & Andress

Judicial Ruling Halts 2024 Overtime Threshold Increase

Roetzel & Andress on

The 2024 increases to the overtime exemption threshold are vacated nationwide and revert to the prior threshold of just under $36,000. We advised you last month that the Federal Rule increasing the minimums for overtime...more

Jackson Lewis P.C.

What Puerto Rico Labor Secretary’s New Overtime Interpretation Means for Employers

Jackson Lewis P.C. on

According to Puerto Rico Secretary of Labor Gabriel Maldonado, neither the Constitution of Puerto Rico nor Puerto Rico Act 379 imposes any limitations on employers requiring overtime work of employees beyond paying a specific...more

Jackson Lewis P.C.

Nomination of Acting DOL Secretary Julie Su is Sent Back to the White House

Jackson Lewis P.C. on

The nomination of Acting Secretary of Labor Julie Su to serve as permanent DOL Secretary has been returned to the White House after failing to garner sufficient support to clear a path to confirmation by the full Senate,...more

Jackson Lewis P.C.

Biden’s Labor Secretary Nominee Faces Scrutiny, Reveals Position on Independent Contractor and Joint Employer Policies

Jackson Lewis P.C. on

Labor Secretary nominee Julie Su continues to face close scrutiny by Republican members of the Senate Committee on Health, Education, Labor, and Pensions, at least some of whom believe she is not qualified for the position....more

Jackson Lewis P.C.

Wage and Hour Division Nominee Clears First Senate Hurdle (Barely), Proposed Salary Increase for Overtime-Exempt Employees Appears...

Jackson Lewis P.C. on

Last week, Senator Rand Paul (R-Ky.) was absent from the meeting of the Health, Education, Labor and Pensions Committee – and that spelled good news for the Biden Administration’s nominee to head the Wage and Hour Division...more

Bradley Arant Boult Cummings LLP

Here We Go Again? DOL Secretary Walsh Discusses Raising Overtime Exemption Salary Threshold

You may have missed it, but Secretary of Labor Marty Walsh perked up some ears last week when he discussed possibly raising the FLSA salary threshold for certain exempt employees. In testimony before a Congressional...more

McGlinchey Stafford

Department Of Labor Withdraws Final Rule On Independent Contractor Status

McGlinchey Stafford on

On January 7, 2021, the U.S. Department of Labor (DOL) issued a final rule that clarified how employers should determine who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act...more

Husch Blackwell LLP

The Biden Administration: Expected Changes At The Department Of Labor - UPDATED May 2021

Husch Blackwell LLP on

On March 22, 2021, former two-term Boston Mayor Marty Walsh was confirmed as U.S. Secretary of Labor in a 68-29 Senate vote. The U.S. Chamber of Commerce (Chamber) supported Walsh’s nomination as Secretary of Labor due in...more

Constangy, Brooks, Smith & Prophete, LLP

Biden DOL Officially Withdraws Trump Administration Independent Contractor Rule

On January 7, the outgoing Trump Administration published regulations that set forth new, more “business-friendly” standards for determining whether a worker was an independent contractor or an employee. The regulations were...more

Husch Blackwell LLP

The Biden Administration: Expected Changes At The Department Of Labor

Husch Blackwell LLP on

On March 22, 2021, former two-term Boston Mayor Marty Walsh was confirmed as U.S. Secretary of Labor in a 68-29 Senate vote. The U.S. Chamber of Commerce (Chamber) supported Walsh’s nomination as Secretary of Labor due in...more

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

Beltway Buzz - March 2021 #4

Secretary of Labor Confirmed. On March 23, 2021, former Boston mayor Martin Walsh was sworn in as the 29th U.S. Senate-confirmed secretary of labor. Walsh’s nomination had been approved by the Senate just one day earlier on a...more

Morgan Lewis

New Paid Sick Leave Mandate Coming for Some Employers Due to COVID-19 Emergency

Morgan Lewis on

A bill passed by the US House of Representatives on March 13 to address the coronavirus (COVID-19) public health emergency imposes a mandate on all employers with fewer than 500 employees, and on all federal and state...more

Smith Debnam Narron Drake Saintsing & Myers,...

Recent Developments in the United States Department of Labor

On Tuesday, August 27, 2019, President Trump formally nominated Eugene Scalia to serve as Secretary of the United States Department of Labor. The Department of Labor is responsible for enforcing federal laws governing the...more

Fisher Phillips

Salary-Threshold Autopilot Still Possible

Fisher Phillips on

A BloombergBNA report suggests that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the compensation thresholds specified...more

Fisher Phillips

Acosta Wants to Focus on the Gig Economy

Fisher Phillips on

The on-demand economy recently got some attention from a very powerful source. On October 25, U.S. Department of Labor Secretary Alexander Acosta stated during an event organized by the Jack Kemp Foundation that he believes...more

Womble Bond Dickinson

Proposed 2016 “White Collar” Regulations Struck Down; DOL Starts Work on New Regulations

Womble Bond Dickinson on

The winding legal path of the 2016 “white collar” regulations has come to an end. On August 31, 2017, the Honorable Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas struck down the U.S. Department...more

Foley & Lardner LLP

Overtime Exemption Increases: Not Now, But (Probably) Soon

Foley & Lardner LLP on

As our readers are aware, we have devoted a good amount of space to discussing the status of the Department of Labor’s (DOL) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA). After a...more

Ward and Smith, P.A.

"Stick A Fork in It!" Updated Overtime Rules Are DOA . . . For Now

Ward and Smith, P.A. on

On August 31, 2017, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas entered a final judgment in State of Nevada et al. vs. U.S. Department of Labor et al., awarding summary judgment against the...more

Bracewell LLP

Federal Court Invalidates Obama Administration Overtime Exemption Rule

Bracewell LLP on

On August 31, 2017, Judge Mazzant of the Eastern District of Texas invalidated the long-enjoined Obama Administration revised overtime regulation. The same judge previously granted a temporary, nationwide injunction blocking...more

Proskauer - Law and the Workplace

Fifth Circuit Dismisses Appeal of Nationwide Injunction of Obama-Era Overtime Rule

In light of the Texas district court’s recent judgment invalidating the 2016 overtime rule, the DOL filed an unopposed motion to withdraw its appeal of the November 2016 order that preliminarily enjoined the rule on a...more

Roetzel & Andress

Texas Judge Strikes Down Obama-Era Overtime Rule

Roetzel & Andress on

On Thursday, August 31, 2017, Judge Amos Mazzant struck down the Obama administration’s overtime rule that would have extended mandatory overtime pay to more than four million U.S. workers. Specifically, the rule would have...more

McGuireWoods LLP

Court Strikes Down Obama Administration Overtime Rule

McGuireWoods LLP on

On Aug. 31, 2017, a federal court in Texas struck down the Obama-era Department of Labor rule that would have significantly expanded overtime eligibility by more than doubling the salary threshold under the Fair Labor...more

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

Groundhog Day: DOL Issues Request for Information on Enjoined Overtime Rule

As Secretary of Labor Alexander Acosta testified in early June, the Department of Labor’s (DOL) Wage and Hour Division (WHD) has issued its request for information (RFI) on the Part 541 overtime regulations that were...more

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