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Department of Labor Issues Final Rule Raising Salary Level for FLSA ‘White Collar’ Exemptions

On April 24, 2024, the US Department of Labor (DOL) announced the highly anticipated revisions to the salary thresholds for the Fair Labor Standards Act’s (FLSA’s) “white collar” overtime exemptions. The update significantly...more

US Department of Labor Publishes Its Independent Contractor Final Rule

The US Department of Labor (DOL) published on January 10, 2024 its long-awaited Final Rule regarding independent contractor classification under the Fair Labor Standards Act (FLSA), signaling a return to its pre-2021...more

Department of Labor Proposes Raising Salary Level for FLSA ‘White-Collar’ Exemptions to $55,068

The US Department of Labor seeks to increase the salary levels needed to qualify as exempt under the Fair Labor Standards Act’s white-collar and highly compensated exemptions....more

Ninth Circuit Finds Time Booting Up Computers May Be Compensable for Call Center Workers

The US Court of Appeals for the Ninth Circuit (which covers California, Nevada, Arizona, Alaska, Hawaii, Idaho, Montana, Oregon, and Washington) held on October 24 in a unanimous published opinion that because call center...more

US Department of Labor Publishes Independent Contractor Proposed Rule

The US Department of Labor published a Proposed Rule on October 13 seeking to return to applying a test that would make it more difficult for certain workers to qualify as independent contractors....more

Pennsylvania Amends Overtime Rate Calculations for Salaried, Nonexempt Employees

Pennsylvania employers with salaried, nonexempt employees working in the commonwealth may need to adjust how they calculate overtime premiums for these employees in light of amendments to the Pennsylvania Minimum Wage Act...more

Virginia Enacts Expansive New Overtime Law

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

DOL Publishes Independent Contractor Final Rule

The Final Rule retains the “economic realities” test while focusing on two “core factors” in analyzing whether an individual is an employee or an independent contractor but given the upcoming change in administration,...more

DOL: Employers Offering Incentive-Based Pay Can Use Fluctuating Work Week Method to Calculate OT

The US Department of Labor (DOL) published a Final Rule on June 8 confirming that paying bonuses, commissions, and other incentive-based pay to salaried, nonexempt employees does not disqualify employers from using the...more

DOL Issues Final Rule on FLSA Joint Employer Standard

The US Department of Labor has established a traditional control standard for determining joint employer status under the Fair Labor Standards Act. ...more

DOL Updates Guidance on Excludable Payments in Overtime Pay Calculations

The US Department of Labor (DOL) has issued a final rule updating its guidance under the Fair Labor Standards Act (FLSA) of what payments and benefits can be excluded when calculating the regular rate of pay on which employee...more

DOL Update to FLSA Regulations Extends Overtime Pay Eligibility

The US Department of Labor (DOL) announced the long-awaited final overtime rule on Tuesday. The Fair Labor Standards Act (FLSA) requires employers to pay time-and-a-half rates to workers making less than a threshold amount...more

Joint Employer Standard: DOL Extends Comment Period on Proposed Revisions

DOL’s proposed interpretation of the joint employer standard in a recently released notice of proposed rulemaking would revert to a traditional control standard and use a new “four-factor balancing test” for determining joint...more

DOL Proposes Updating Guidance on Excludable Payments in Overtime Pay Calculations

A recent proposal by the US Department of Labor seeks to provide greater clarity and more examples of the types of payments and benefits that do not need to be included in calculating the regular rate on which an employee’s...more

DOL Proposes Raising Salary Level for FLSA ‘White Collar’ Overtime Exemptions to $35,308

The US Department of Labor seeks to increase the salary levels needed to qualify as exempt under the Fair Labor Standards Act’s white collar standard and highly compensated exemptions....more

DOL Adopts New Standard for Determining Whether Unpaid Interns Are ‘Employees’

The US Department of Labor will now apply a “primary beneficiary” test, which was previously adopted by several courts and provides greater flexibility in structuring internship programs....more

Texas Court Strikes Down DOL’s Amended Overtime Regulations

The order invalidates the US Department of Labor’s revisions to the Fair Labor Standards Act regulations for the executive, administrative, and professional overtime exemptions....more

DOL Seeks Comments on FLSA Overtime Exemption Regulations

The DOL’s request for public comments concerning the FLSA’s overtime exemptions regulations suggests there could be significant changes ahead on those regulations....more

Pay Transparency and Paid Sick Leave Obligations May Apply to 2017 Federal Contracts

Contractors and subcontractors that enter into or renew federal contracts after January 1, 2017 should be mindful of requirements to provide detailed wage statements and paid sick leave to covered workers....more

DOL Updates FLSA Overtime Exemption Regulations

The update significantly increases the salary level needed to qualify as exempt under the FLSA’s white collar and highly compensated exemptions....more

President Obama Issues Executive Order Requiring Federal Contractors to Provide Mandatory Sick Leave

The executive order poses another significant financial and administrative burden for federal contractors. Continuing his practice of using executive orders to implement his labor and employment agenda, on September 7,...more

DOL Issues Proposed Revisions to FLSA Overtime Exemption Regulations

The proposal seeks to significantly increase the salary level needed to qualify as exempt under the FLSA’s white collar standard and highly compensated exemptions. On June 30, the US Department of Labor (DOL) announced...more

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