News & Analysis as of

Wage and Hour Department of Labor (DOL) Fair Labor Standards Act (FLSA)

Faegre Drinker Biddle & Reath LLP

Post-Chevron Challenge to Overtime EAP Exemption Pending

On August 12, 2024, the Association of Christian Schools International (ACSI), a Colorado-based nonprofit that supports evangelical Christian schools, filed a complaint against the U.S. Department of Labor (DOL) challenging...more

Sands Anderson PC

Upcoming Supreme Court Case to settle FLSA Burden of Proof for Parties

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Burdens of proof can be a mundane issue to discuss. Addressing the standard by which a fact finder decides a legal claim between opposing parties does not generate much enthusiasm with legal scholars. Nevertheless, the burden...more

Locke Lord LLP

The Fifth Circuit Strikes Down DOL’s Rule for Tipped Employees

Locke Lord LLP on

In a highly anticipated decision published on August 23, 2024, the United States Court of Appeals for the Fifth Circuit struck down the Department of Labor’s (DOL) Final Rule that limited the circumstances under which an...more

Locke Lord LLP

Department of Labor’s New Rule Raises the Minimum Salary Requirements ‎for Certain FLSA Exemptions

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Earlier this year, we let you know that the Department of Labor (“DOL”) recently promulgated 29 CFR Part 541, a rule that raises the minimum salary requirements for employees eligible for the white collar and...more

Fisher Phillips

Labor Department to Crack Down on These 7 Workplace Contract Provisions

Fisher Phillips on

The Labor Department’s top lawyer announced on Tuesday that the agency would target seven specific employment-related contract provisions that she believes could discourage workers from exercising their rights under federal...more

Fisher Phillips

How Will the New Overtime Rule Impact Your Business This Comp Season? 10 Tips for Employers

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As the final quarter of 2024 begins, many employers are turning to the year-end review process. While you’re planning for raises, bonuses, and other employee incentives this comp season, you’ll need to account for the new...more

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … FLSA Protections for Nursing Mothers

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With more than 24 million mothers with children under the age of 18 in the U.S. workforce, many of whom breastfeed their children, it is important for employers to understand the break time and pumping space protections...more

Perkins Coie

The White-Collar Wage War: Fifth Circuit Backs DOL’s Power To Set Salary Threshold

Perkins Coie on

In Mayfield v. United States Dep't of Labor, the U.S. Court of Appeals for the Fifth Circuit affirmed a lower court's ruling that the U.S. Department of Labor (DOL) has authority to set a minimum salary threshold for the...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

The DOL Establishes Salary Levels for 2024/2025 Overtime Pay Exemptions under the FLSA—and Has Substantially Increased Them

As we previously discussed, the United States Department of Labor (the “DOL”) issued a final rule in the spring of 2024 (the “2024 Rule”) substantially increasing the minimum salary level for the executive, administrative,...more

Maynard Nexsen

What’s next? The Potential Impact of the Fifth Circuit’s Mayfield Decision on the 2024 DOL Minimum Salary Rule

Maynard Nexsen on

On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit joined four other federal courts and held that the U.S. Department of Labor (DOL) has statutory authority to impose a minimum salary threshold to qualify...more

Steptoe & Johnson PLLC

Federal Appeals Court Deals Mortal Blow to Tipped Employee Regulations

Steptoe & Johnson PLLC on

Details Hospitality employers with tipped employees received welcome news late last month when a federal appeals court overturned the Department of Labor’s (DOL) so-called 80/20/30 Rule, the highlight of a new set of...more

Epstein Becker & Green

#WorkforceWednesday®: DOL Authority Challenged - Key Rulings on Overtime and Tip Credit - Employment Law This Week®

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This week, we take a closer look at the U.S. Court of Appeals for the Fifth Circuit’s decision to strike down the Department of Labor’s (DOL’s) tip credit rule but to uphold the agency’s authority to set a minimum salary...more

Pullman & Comley - Labor, Employment and...

The Newest Wage Hour Risk in Connecticut: Election Poll Workers

A new Connecticut law went into effect this year creating early voting procedures for the first time in Connecticut.  The law, Connecticut General Statutes § 9-163aa, provides that before each election, a period of early...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Rejects Challenge to Labor Department's Use of FLSA Salary Test

Employers have been following legal challenges to the U.S. Department of Labor’s second round of increases to the minimum salary that must be paid to meet the requirements of the Fair Labor Standards Act’s white collar...more

Bradley Arant Boult Cummings LLP

Chevron Is Dead, but the Department of Labor Still Has Some Gas! 5th Circuit Upholds DOL Salary Requirement

What about those salary thresholds for white-collar employees? Although they have been challenged, they are alive and kicking. Last week, the United States Court of Appeals for the Fifth Circuit affirmed that the Department...more

Robinson Bradshaw

Fifth Circuit Upholds Labor Department’s Authority on Overtime Pay Exemptions

Robinson Bradshaw on

On Sept. 11, the U.S. Court of Appeals for the Fifth Circuit upheld the Department of Labor’s longstanding practice of using salary levels to determine overtime pay eligibility. Since 1938, the Fair Labor Standards Act has...more

Robinson Bradshaw

Fifth Circuit Strikes Down DOL Tip Rule

Robinson Bradshaw on

On Aug. 23, the Fifth Circuit Court of Appeals invalidated the DOL’s 2021 rule on tip credits under the Fair Labor Standards Act. While the tip credit lives on, the Fifth Circuit’s ruling simplifies compliance for many...more

Morgan, Brown & Joy, LLP

Fifth Circuit Strikes Down Department of Labor’s “80/20” Tip Credit Rule

On August 23, 2024, the Fifth Circuit, in Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024), struck down the Department of Labor’s (“DOL”) 2021 rule restricting an employer’s ability to claim tip...more

Constangy, Brooks, Smith & Prophete, LLP

DOL has authority to include salary threshold when determining exempt status, appeals court says

During 2024 we have reported on several high-profile cases that have challenged wage-related regulations issued by the U.S. Department of Labor – including tips, independent contractors, and the white-collar exemptions to the...more

Polsinelli

The Fifth Circuit Confirms the DOL’s Authority to Use Salary Basis Test for FLSA Overtime Exemptions

Polsinelli on

On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit in Mayfield v. U.S. Department of Labor confirmed that the United States Department of Labor (“DOL”) has the authority to use a salary basis to define its...more

FordHarrison

Fifth Circuit Affirms DOL's Authority to Set Salary Thresholds For FLSA Exemptions

FordHarrison on

Real World Impact: On September 11, 2024, in Mayfield v. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit upheld the Department of Labor’s (DOL) authority to set minimum salary thresholds for overtime...more

Ballard Spahr LLP

DOL Authority to Increase Overtime Compensation Thresholds Affirmed

Ballard Spahr LLP on

On September 11, 2024, the United States Court of Appeals for the Fifth Circuit issued its opinion in Mayfield v. Department of Labor, upholding the authority of the Department of Labor (“DOL”) to establish a minimum salary...more

Jackson Lewis P.C.

Fifth Circuit Holds DOL Can Set Salary Floor for White-Collar Exemptions

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has statutory authority to impose a salary level requirement to qualify for the executive, administrative, and professional (EAP) exemptions under the Fair Labor Standards Act (FLSA), the...more

BakerHostetler

Fifth Circuit Upholds DOL Authority to Set Minimum Salary Threshold for EAP Exemption from FLSA Overtime Requirements

BakerHostetler on

In a follow-up to our previous client alerts on the U.S. Department of Labor (DOL) issuing a new overtime exemption rule and legal challenges to the new rule, a three-judge panel on the Fifth Circuit found that the DOL was...more

Seyfarth Shaw LLP

Fifth Circuit Ruling: 2019 Salary Threshold Increase Did Not Exceed Authority

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Seyfarth Synopsis: On September 11, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit held in Mayfield v. U.S. Department of Labor that the Secretary’s salary test for evaluating overtime exemptions are valid...more

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