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EEOC Title VII Guidance, Captive Audience Meetings, Cemex, and Exempt Salary Threshold Challenges: May 2024 Labor and Employment...

EEOC Title VII Guidance Challenged - On May 21, the Texas attorney general sought a permanent injunction to block the U.S. Equal Employment Opportunity Commission’s (“EEOC”) enforcement guidance over gender identity and...more

The Cost of Exemption: Dep’t of Labor Final Rule Jettisons Salary Thresholds for Exemption Under the Fair Labor Standards Act

On April 23, 2024, the Department of Labor (“DOL”) issued its widely anticipated Final Rule adjusting the minimum annual salary that an employee must be paid as of July 1, 2024, in order to qualify under some of the FLSA’s...more

NLRB and DOL Clamp Down on Anti-Union Activities, Expand Unfair Labor Practice Remedies, and Restrict Handbook Policies

In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more

U.S. Department of Labor Issues Final Rule on Tipped Worker Pay

On October 29, 2021, the U.S. Department of Labor (“DOL”) issued its final rule outlining the circumstances under which an employer is permitted to take a “tip credit” against its wage obligation to tipped employees, paying...more

DOL Proposed Rule Supplements President Biden’s Executive Order Raising Federal Contractor Minimum Wage to $15.00 Per Hour

On April 27, 2021 President Biden signed an Executive Order raising the minimum wage for federal contractors to $15 per hour by the end of March 2022. In response, and to supplement the Executive Order, the U.S. Department of...more

U.S. Department of Labor Proposes Employee-Friendly Rules for Tipped Workers

On June 21, 2021, the U.S. Department of Labor (“DOL”) introduced a proposed rule which, when effective, would impose increased limitations on when an employer can pay a tipped worker the “tipped minimum wage.” The proposed...more

Southern District of New York Vacates DOL’s “Direct and Immediate Control” Requirement for Joint Employer Status

On September 8, 2020, the U.S. District Court for the Southern District of New York issued its opinion in New York v. Scalia et al., S.D.N.Y., No. 20-01689, vacating the Department of Labor’s (“DOL”) April 27, 2020 final rule...more

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