The U.S. Court of Appeals for the Fifth Circuit recently determined that the Department of Labor (DOL) violated the Administrative Procedures Act (APA) in issuing its “Tip Credit” final regulations and vacated the final rule....more
The U.S. District Court for the Northern District of Texas granted a nationwide preliminary injunction blocking certain wage rules adopted by the Department of Labor (DOL) that had expanded coverage of the Davis-Bacon Act...more
The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Cariene Cadena v. Customer Connexx LLC on July 10, 2024, reversing the U.S. District Court for the District of Nevada’s summary judgment ruling in favor of...more
The Federal Acquisition Regulatory Council issued a Proposed Rule, “Pay Equity and Transparency in Federal Contracting,” on January 30, 2024. The Proposed Rule would amend the Federal Acquisition Regulations (FARs), which...more
2/16/2024
/ Comment Period ,
Deadlines ,
Employer Liability Issues ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Hiring & Firing ,
Pay Equity Laws ,
Pay Transparency ,
Proposed Rules ,
Rulemaking Process ,
Salary/Wage History ,
Subcontractors ,
Wage and Hour
The U.S. Department of Labor (DOL) published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act (FLSA)...more
1/17/2024
/ ABC Test ,
Classification ,
Commercial Litigation ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
New Rules ,
Rulemaking Process ,
Wage and Hour
Recently, in Helix Energy Solutions Group v. Hewitt, the U.S. Supreme Court ruled that a daily-rate worker who earned over $200,000 annually was not exempt from the Fair Labor Standards Act’s (FLSA) overtime requirements. In...more
3/3/2023
/ Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Helix Energy Solutions Group Inc v Hewitt No 21-984 ,
Highly Compensated Employees ,
Minimum Salary ,
Multi-Factor Test ,
Over-Time ,
Salaried Employees ,
SCOTUS ,
Wage and Hour
The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (the Proposed Rule) on October 13, 2022, that proposes guidance on determining employee or independent contractor classification under the Fair...more
Employers who share information with competitor employers about employee compensation, including wages and benefits, face greater risks of government investigations into violations of antitrust laws. The U.S. Department of...more
9/21/2022
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Violations ,
Compensation ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Settlement ,
Unfair Competition ,
Wage and Hour
The gender equity movement focused higher education institutions on pay equality. For example, in 2016, the Equal Employment Opportunity Commission (EEOC) sued the University of Denver alleging gender discrimination in...more
The U.S. Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) on September 22, 2020, seeking to codify the independent contractor/employee worker classifications into the Fair Labor Standards Act’s...more
9/28/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Independent Contractors ,
Misclassification ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour