A federal district court in Texas on Nov. 15, 2024, issued an order vacating the U.S. Department of Labor (DOL) rule that had raised the salary threshold levels for the white-collar overtime exemptions. The rule increased the...more
11/21/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Statutory Authority ,
Threshold Requirements ,
Vacated ,
Wage and Hour ,
White-Collar Exemptions
The U.S. Court of Appeals for the Ninth Circuit ruled that the president lacks authority under the Federal Property and Administrative Services Act of 1949 to set a federal contractor minimum wage, creating a split with other...more
11/12/2024
/ Corporate Counsel ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
Federal Procurement Systems ,
Federal Property and Administrative Services Act (FPASA) ,
Final Rules ,
Minimum Wage ,
Obama Administration ,
Popular ,
Preliminary Injunctions ,
Split of Authority ,
Wage and Hour
For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more
9/3/2024
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chevron v NRDC ,
Consumer Financial Protection Bureau (CFPB) ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
FERC ,
Food and Drug Administration (FDA) ,
Government Agencies ,
HUD ,
IRS ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NTSB ,
OCC ,
Popular ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statute of Limitations ,
Statutory Interpretation ,
U.S. Treasury
The U.S. Department of Labor (DOL) announced a finalized rule on April 23, 2024, increasing the minimum compensation levels for the so-called "white collar" exemptions to the federal Fair Labor Standards Act’s (FLSA) overtime...more
The U.S. Supreme Court on April 12, 2024, decided Bissonnette v. LePage Bakeries Park St., LLC. The central issue revolved around the Federal Arbitration Act (FAA) and its applicability to workers engaged in interstate...more
4/15/2024
/ Arbitration ,
Arbitration Agreements ,
Delivery Drivers ,
Drivers ,
Employment Contract ,
Employment Litigation ,
Exemptions ,
Federal Arbitration Act ,
Interstate Commerce ,
Remand ,
Reversal ,
Risk Mitigation ,
Sales & Distribution Agreements ,
SCOTUS ,
Transportation Industry
As enacted by the Biden Administration in February 2022, Executive Order (EO) 140631 and its implementing final rule2 require that all awardees of federal construction contracts for which the total estimated cost of the...more
1/15/2024
/ Apprenticeships ,
Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Construction Project ,
Davis-Bacon Act ,
Department of Energy (DOE) ,
Economic Development ,
Energy Projects ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Prevailing Wages ,
Project Labor Agreements ,
Public Projects
The U.S. Department of Labor (DOL) published its final rule on employee or independent contractor classification under the Fair Labor Standards Act (FLSA) on Jan. 10, 2024. The final rule is effective March 11, 2024. It...more
The U.S. Department of the Treasury and IRS on Aug. 29, 2023, announced proposed regulations regarding increased credit or deduction amounts for which taxpayers can qualify by meeting prevailing wage and registered...more
Just in time for Labor Day, the U.S. Department of Labor (DOL) on Aug. 30, 2023, announced a proposed rule raising the overtime exemption salary threshold for white collar workers. The proposed rule addresses the overtime...more
The U.S. Department of Labor (DOL) announced it has finalized its new rule relating to the Davis-Bacon Act (DBA). This rule goes into effect 60 days after it is officially published in the Federal Register. The final rule...more
Most companies have policies requiring the preservation and storage of work-related communications to comply with various legal requirements, to produce to management for various purposes and to respond to regulators if needs...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
11/2/2022
/ Acquisitions ,
Annual Reports ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Department of Labor (DOL) ,
Executive Orders ,
Foreign Investment ,
Independent Contractors ,
Infrastructure ,
Mergers ,
Stock Options
Consistent with its June 2022 announcement, the U.S. Department of Labor (DOL) has issued a new proposed rule addressing the distinction between employees and independent contractors under the Fair Labor Standards Act (FLSA)....more
President Joe Biden signed the Inflation Reduction Act (IRA) into law on Aug. 16, 2022. The massive legislative package revises policy on taxes, healthcare, agriculture and energy. In particular, the IRA modifies and expands...more
9/30/2022
/ Biden Administration ,
Carbon Capture and Sequestration ,
Climate Change ,
Energy Tax Incentives ,
Green Energy ,
Inflation Reduction Act (IRA) ,
Investment Tax Credits ,
Production Tax Credit ,
Renewable Energy ,
Renewable Energy Incentives ,
Tax Credits
We're supposed to stand more and sit less. That's good advice for your health, but maybe not always when you're wearing a virtual reality (VR) headset, which present certain workplace health and safety issues....more
The U.S. Department of Labor (DOL) has released a proposed regulation that would reinstitute the requirement that contractors give offers of employment to workers covered by the Service Contract Labor Standards, also known as...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
HIGHLIGHTS:
..Writing NFT Trademark Applications That Protect Brands Emerging...more
7/6/2022
/ China ,
Employer Liability Issues ,
Insurance Claims ,
Litigation Insurance ,
Lottery ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Sexual Harassment ,
Social Networks ,
Sweepstakes ,
Trademarks
In the wake of the recent six-week-long trial and defamation verdict in favor of Johnny Depp in Virginia's Fairfax County Circuit Court, many are asking what led to this outcome. Holland & Knight litigators share three...more
The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) had a relatively unsurprising 2021. Not so for 2022. The agency has been hard at work issuing new and extremely ambitious policies....more
4/12/2022
/ Affirmative Action ,
Audits ,
Compliance ,
CSALs ,
Employment Discrimination ,
Enforcement ,
Enforcement Priorities ,
Federal Contractors ,
OFCCP ,
Pay Data ,
Subcontractors ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Ostensibly as part of a comprehensive overhaul of its acquisition regulations, the U.S. Department of Agriculture (USDA) has proposed resurrecting the contractor blacklisting rule, which was overturned by Congress under the...more
The U.S. Supreme Court today reached split decisions on the so-called vaccination mandates issued, respectively, by the Occupational Safety and Health Administration (OSHA) and the Centers for Medicare & Medicaid Services...more
1/14/2022
/ Administrative Authority ,
Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preemption ,
SCOTUS ,
Stays ,
Temporary Regulations ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The U.S. Supreme Court today heard oral argument on applications to stay both the Occupational Safety and Health Administration (OSHA) and Centers for Medicare & Medicaid Services (CMS) vaccine mandates. As in prior cases...more
The litigation over federal vaccine mandates has encountered its latest dramatic twist. The U.S. Supreme Court will hear oral argument on Jan. 7, 2022, on whether to stay lower-court decisions on the Occupational Health and...more
The U.S. Department of Labor (DOL) has issued the final rule implementing President Joe Biden's Executive Order, "Increasing the Minimum Wage for Federal Contractors," imposing a $15 minimum wage for a wide swath of...more
12/17/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Enforcement ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Services Administration (GSA) ,
Minimum Wage ,
Multiple Award Contracts ,
Wage and Hour
U.S. District Court Judge R. Stan Baker of the Southern District of Georgia on Dec. 7, 2021, issued a preliminary injunction, halting the government's enforcement of the federal contractor vaccine mandate on all federal...more