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Labor Department’s Proposed Four-Factor Rule Would Limit Joint Employment

The U.S. Department of Labor just became the latest federal agency to propose a rule to limit the scope of joint employment liability, this time for wage and hour matters. If the rule released earlier yesterday is adopted in...more

USDOL Proposes Significant Changes To Joint Employment Analysis

The US Department of Labor (USDOL) yesterday released its much anticipated and significant Notice of Proposed Rulemaking (NPRM) intended to update and clarify the USDOL’s interpretation of joint employer status under the Fair...more

USDOL Releases Proposed Overtime Rule 2.0

We have waited years to see where the U.S. Department of Labor would land with its much anticipated revised “overtime rule”—late yesterday, the agency delivered. The USDOL released its long-awaited proposed rule which, if...more

USDOL Moves Forward With Eliminating 20% Rule

On February 15, the U.S. Department of Labor struck another nail into the coffin of the infamous “20% Rule,” the agency’s prior enforcement position which purported to limit an employer’s ability to take the federal Fair...more

USDOL's Extended, Expanded Regulatory Agenda

The U.S. Department of Labor has announced, via a regulatory agenda, that the proposed regulations implementing changes to the minimum salary for the white-collar exemptions, now commonly referred to as the “overtime rule”,...more

Listen Up – USDOL Reveals Little In Public Listening Sessions

Last month, the United States Department of Labor (USDOL) Wage and Hour Division announced that it would hold public listening sessions, inviting members of the public to comment on the FLSA's white-collar exemptions....more

Picking Up The Pace: USDOL Tackling Overtime Updates and New Opinion Letters

As we wrote about earlier this year, the Wage and Hour Division of the United States Department of Labor has been very active this year. This week alone, the USDOL issued a press release announcing that it will hold...more

FLSA Amendment Bans Employers From "Keeping" Tips

In the budget reconciliation bill passed early this morning, Congress included a rider amending the federal Fair Labor Standards Act (FLSA) Section 3(m) to state, An employer may not keep tips received by its employees for...more

Discovery In FLSA Cases May Soon Hit The Fast-Track

Early discovery in cases brought under the Fair Labor Standards Act (“FLSA”) may be changing significantly if courts begin to adopt the new Initial Discovery Protocols For Fair Labor Standards Act Cases Not Pleaded As...more

USDOL's Inflexible Intern Test Headed To The Shredder

The U.S. Department of Labor (USDOL) just announced that it will abandon its six-part test for determining whether interns qualify as employees after yet another court favored the alternative, primary beneficiary test. As we...more

USDOL Seeks To Narrow Tip-Retention Prohibition

We have previously written about the U.S. Department of Labor's position adopted in 2011 saying that an employer may not retain any of an employee's tips even if management: • Takes no tip-credit under the federal Fair...more

Tipping Point Of Confusion: Contradictions Abound In Tip Credit Rules

Legal issues surrounding tip credits have been in the spotlight throughout much of 2017, from significant court decisions to announcements by the U.S. Department of Labor (USDOL). But rather than setting forth clear rules,...more

"I'm Not Paying For That": Update On Using Timekeeping Policies To Defend Off-The-Clock Claims

We have recently focused upon the growing number of federal court decisions under the federal Fair Labor Standards Act that have given legal weight to carefully-crafted, well-maintained employer policies requiring employees...more

Federal Judge Deals Another Blow To USDOL's "Overtime Rule" (Updated 09/07/17)

A federal judge in Texas struck down the controversial Obama-era change to the federal Fair Labor Standards Act that was intended to substantially raise the minimum salary threshold required for employees to qualify for the...more

Next Nail In The Coffin: Overtime Rule Struck Down By Judge

A federal judge in Texas today struck down the controversial Obama-era change to the federal Fair Labor Standards Act that was intended to substantially raise the minimum salary threshold required for employees to qualify for...more

Hear No Unreported Time, See No Unreported Time - Examining The Role Of Employer Policies In Off-The-Clock Claims

Some courts have read a safeguard into federal wage and hour law that can protect employers from liability for working-off-the-clock claims, believing you should not be responsible for unpaid overtime or minimum wage if you...more

"On Second Thought, Maybe I Will Give You My Opinion": USDOL To Reinstate Opinion-Letter Process

TLDR: The U.S. Department of Labor will resume the practice of issuing wage-and-hour opinion letters. This is a big development for employers who are seeking authoritative guidance on their pay practices under the federal...more

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