News & Analysis as of

State and Local Government Wage and Hour Fair Labor Standards Act (FLSA)

Perkins Coie

Arizona Federal Court Scrutinizes Reversionary Clauses in FLSA Class Action Settlements

Perkins Coie on

The federal district court in Arizona recently confirmed that employers need a compelling reason to include reversionary clauses in wage-and-hour class action settlements. In Kostov v. Maricopa County Special Health Care...more

Schwabe, Williamson & Wyatt PC

Federal Court Strikes Down 2024 DOL Overtime Rule Nationwide

On November 15, the Federal District Court for the Eastern District of Texas invalidated the Department of Labor’s final rule that increased the minimum salary for executive, administrative, and professional (EAP) exemption...more

UB Greensfelder LLP

Federal Judge Strikes Down New Overtime Rule Nationwide

UB Greensfelder LLP on

On November 15, 2024, the U.S. District Court for the Eastern District of Texas struck down the U.S. Department of Labor’s (DOL’s) final rule that was set to raise the minimum salary threshold for “white collar” employees to...more

Keating Muething & Klekamp PLL

Federal Court Overturns Expansion of Overtime Requirements

On November 15, 2024, the US District Court for the Eastern District of Texas overturned the Department of Labor’s (DOL) final rule which increased the salary threshold for workers to be exempt from overtime requirements. In...more

Brooks Pierce

Update: Texas Court Sets Aside U.S. DOL’s Overtime Rule

Brooks Pierce on

Just a few weeks before the anticipated January 1 salary bump under the U.S. Department of Labor (USDOL)’s 2024 overtime rule (the “Overtime Rule”), a Texas federal court issued a ruling on Friday, November 15, 2024, that set...more

Bradley Arant Boult Cummings LLP

Tipped Out? 5th Circuit Negates DOL Tip Credit Rule

How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more

Buchalter

Rounding Time Is No Longer a Safe Bet in Oregon and Washington

Buchalter on

The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things,...more

Verrill

Department of Labor Releases Final Independent Contractor Status Rule

Verrill on

On Tuesday January 9, 2024, the Department of Labor (DOL) published its final rule setting forth how worker classification (i.e., whether a worker is an employee or independent contractor) will be determined by the agency...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 1, January 2024

We are excited to kick off 2024 with more in-depth insights into the construction industry and legal issues that can impact your business. Our goal is to provide the most up-to-date information along with our thoughts and...more

BakerHostetler

Snakes! And Other Things to Watch for in 2024, Contingent Workforce Edition

BakerHostetler on

When playing professional sports in Australia, you’d better watch out for snakes. A venomous red-bellied black snake was spotted on the field at an Australian Football League Women’s match earlier this year, causing an...more

Perkins Coie

DOL Issues Guidance on PUMP Act for Nursing Workers

Perkins Coie on

The U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2023-2 on May 17, 2023, to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act...more

Schwabe, Williamson & Wyatt PC

Federal Contractors Must Pay Workers At Least $15 Hourly According to New Department of Labor ‎Rule

Starting January 30, 2022, new federal contracts that are not procurement contracts must include a clause requiring federal contractors to pay at least $15 per hour to workers performing work on or in connection with the...more

Foley & Lardner LLP

US Department of Labor to Hire 100 New Investigators in the Wage and Hour Division, Signaling Increased Focus on Enforcement

Foley & Lardner LLP on

The U.S. Department of Labor (DOL) recently announced its intention to hire 100 new investigators in its Wage and Hour Division. Currently at is lowest staffing levels in over a decade, the division oversees the enforcement...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Sets Joint Employer Standard for Wage Act Liability

Foley Hoag LLP on

On December 13, 2021, the Massachusetts Supreme Judicial Court (SJC) issued a highly-anticipated opinion, recognizing the concept of joint employment under the Massachusetts Wage Act (“Wage Act”) and setting forth the...more

White and Williams LLP

Federal Minimum Wage Has Not Increased in Record Amount of Time

Minimum wage just broke another record today. It will break another tomorrow. Did you know that the federal minimum wage has not been increased in over 12 years? Every day without an increase sets another record for the...more

Perkins Coie

New Overtime Requirements for Washington Agricultural Workers

Perkins Coie on

In response to last year’s groundbreaking decision by the Washington State Supreme Court in Martinez-Cuevas v. DeRuyter Bros. Dairy, Inc., the state legislature recently passed Engrossed Substitute Senate Bill 5172 (SB5172),...more

Morgan Lewis

Virginia Enacts Expansive New Overtime Law

Morgan Lewis on

The Virginia Overtime Wage Act imposes a state law obligation to pay overtime and expands upon the federal Fair Labor Standards Act in several important areas. Virginia Governor Ralph Northam recently signed into law the...more

FordHarrison

Chicago Enacts Vaccination Anti-Retaliation and Rights Ordinance

FordHarrison on

On April 21, 2021, the City of Chicago enacted the Vaccine Anti-Retaliation Ordinance that provides all workers in Chicago with rights to obtain COVID-19 vaccinations during their work hours and imposes significant penalties...more

Hogan Lovells

Virginia’s new Overtime Wage Act increases potential exposure to Virginia employers for wage and hour claims

Hogan Lovells on

Last year, we discussed several major changes made to Virginia employment laws that provided new protections and rights to employees. Once again, another significant change will occur on July 1, 2021 ...more

Littler

Virginia Continues Pro-Employee Push with New Overtime Wage Act

Littler on

Historically, Virginia has not had a standalone overtime law, instead relying on the federal Fair Labor Standards Act (FLSA) to provide protections to employees who work more than 40 hours a week.  But that will change on...more

Husch Blackwell LLP

One Year Later: Compliance Guide For Employers With A WFH Workforce

Husch Blackwell LLP on

On January 20, 2020, the first case of COVID-19 in the United States was confirmed in Washington state. By March, many employers began sending their workers home on what was expected to be a temporary basis. Almost one year...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

Snell & Wilmer

Can Companies Use the Outside Sales Exemption During a Pandemic?

Snell & Wilmer on

COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees...more

Bradley Arant Boult Cummings LLP

Joint Employment -- Still a Conundrum

For generations of small business owners franchising serves as a successful business model. Under this paradigm a franchisor grants a franchisee a license to use the franchisor’s trademark and business concept in exchange for...more

Perkins Coie

DOL Issues Clarification Regarding Compensability for Voluntary Training/Continuing Education

Perkins Coie on

The U.S. Department of Labor (DOL) recently published an opinion letter explaining compensability under the Fair Labor Standards Act (FLSA) of time spent in voluntary continuing education programs. In FLSA 2020-15, the DOL...more

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