News & Analysis as of

Compensation & Benefits Department of Labor (DOL) Wage and Hour

Epstein Becker & Green

Time Is Money: A Quick Wage-Hour Tip on … Regular Rate Exclusions

Epstein Becker & Green on

Employers are generally required to pay nonexempt employees overtime compensation of at least one and a half times their regular rate of pay for hours worked over 40 in a workweek....more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Conn Maciel Carey LLP

DOL Finalizes Overtime Rule – Significantly Increasing Salary Level Basis Threshold for FLSA Overtime Exemptions

Conn Maciel Carey LLP on

On April 23, 2024, the U.S. Department of Labor (“DOL”) finally released its final rule raising the salary threshold for overtime exemptions titled Defining and Delimiting the Exemptions for Executive, Administrative,...more

Husch Blackwell LLP

The DOL Announces Final Overtime Rule Increasing FLSA Salary Basis

Husch Blackwell LLP on

Tuesday, the U.S. Department of Labor (DOL) announced its final overtime rule that completes the rulemaking process announced in August 2023 and raises the salary basis for overtime exemptions under the Fair Labor Standards...more

Sherman & Howard L.L.C.

Department of Labor Expands Overtime Rule for Millions of Employees

The Department of Labor (DOL) has issued a new rule expanding overtime eligibility to cover millions of new employees. The new rule changes the salary threshold used to determine whether an employee is exempt from overtime...more

Dunlap Bennett & Ludwig PLLC

The Department Of Labor’s New Rule: Employee Versus Independent Contractor?

In the dynamic landscape of federal regulations, significant changes have emerged in 2024 that businesses need to be aware of. One of these changes includes the redefining of the classification of “independent contractors”...more

Amundsen Davis LLC

Employee or Independent Contractor? U.S. Department of Labor Changes the Standard

Amundsen Davis LLC on

On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule on the standard for determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule is set to...more

Fox Rothschild LLP

Employee or Independent Contractor? DOL Announces Final Rule on How to Classify Staff

Fox Rothschild LLP on

The U.S. Department of Labor (DOL) has announced a final rule regarding the classification of workers as employees versus independent contractors under the Fair Labor Standards Act (FLSA). The final rule, which is effective...more

McCarter & English, LLP

NLRB Establishes New Joint Employer Rule

McCarter & English, LLP on

The National Labor Relations Act (NLRA) governs private sector labor/management relations in the United States. Under the NLRA, employers have certain responsibilities and restrictions with regard to their employees,...more

Fox Rothschild LLP

NLRB Wants Employers to be Responsible for Contract, Franchise Workers

Fox Rothschild LLP on

In the latest of a string of decisions seemingly supporting President Biden’s claim of being the most pro-union president in history, the National Labor Relations Board (NLRB) this week issued its Final Rule on the Standard...more

Littler

Long-Awaited Fall Regulatory Agenda Provides Glimpse of Administration’s Regulatory Goals

Littler on

On January 4, 2023, the Biden administration released its long-awaited Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions.  Typically, these semi-annual agendas are issued in the spring and fall and outline...more

Rumberger | Kirk

Juggling a Remote, Hybrid and/or Multistate Workforce: What Employers Should Know

Rumberger | Kirk on

As employers hire new staff members, keep in mind individual state employment laws, ADA considerations and compensation requirements. At the beginning of the pandemic, large swaths of the country converted from in-person...more

Morgan Lewis

California Announces 2022 Increase in Compensation Rate for Computer Professional Exemption

Morgan Lewis on

California employers must ensure that compensation rates for computer professionals meet updated salary thresholds, as of January 1, 2022. The California Department of Industrial Relations (DIR) issued a memo on October 18,...more

Jackson Lewis P.C.

After The Storm: Employers Obligations Following Natural Disasters

Jackson Lewis P.C. on

Hurricane Ida reportedly was the third most powerful storm on record to hit Louisiana when it landed on August 29, 2021. Indeed, more than 590,000 homes and businesses across the region still were without power as of...more

Sherman & Howard L.L.C.

DOL Opinion Letter: Compensable Travel Time From A Virtual Office

The U.S. Department of Labor issued Opinion Letter FLSA2020-19, providing helpful guidance for employers dealing with the potential “new normal” of employees working from home, both now and post-pandemic. In so doing, they...more

Morgan Lewis

California Announces 2021 Increase in Compensation Rate for Computer Professional Exemption

Morgan Lewis on

As of January 1, 2021, California employers must ensure that compensation rates for computer professionals meet the updated salary thresholds. In a memo issued on October 16, 2020 the California Department of Industrial...more

Jackson Lewis P.C.

Colorado’s Proposed ‘Equal Pay Transparency Rules’ May Affect Employers Nationwide

Jackson Lewis P.C. on

The Colorado Department of Labor and Employment (DLE) has published proposed “Equal Pay Transparency Rules” (EPT Rules), providing details on new affirmative obligations under the state’s Equal Pay for Equal Work Act going...more

Carlton Fields

Three Timely Benefits Items Everyone Should Know

Carlton Fields on

Carlton Fields tax attorney Lowell Walters discusses three timely employee benefits issues: using employee benefits to reduce expenses; helping retirement plan participants in an inconsistent investment market; and, the...more

Smith Debnam Narron Drake Saintsing & Myers,...

Department of Labor Issues Guidance On Recordkeeping For Remote Workers

The federal Fair Labor Standards Act (“FLSA”) codifies the employment relationship as it relates to the payment of wages. The United States Department of Labor (“DOL”) administers the FLSA through its Wage and Hour Division....more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

Jackson Walker on

The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

Fisher Phillips

“Bonus Material” – A Deeper Dive Into The U.S. Department of Labor’s Final Regulations on the Fluctuating Workweek

Fisher Phillips on

The U.S Department of Labor’s final regulations addressing the Fluctuating Workweek (FWW) method of payment finally, explicitly confirm that you can pay an employee via the FWW method and still pay a bonus, commission, etc....more

Seyfarth Shaw LLP

Fluctuating Workweek + Incentive Pay = No Problem—DOL Sends Final Rule to White House

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Labor’s Wage & Hour Division has entered the final phase of issuing a new rule concerning the fluctuating workweek (FWW) method of compensation under the FLSA. ...more

Brooks Pierce

DOL Clears The Way For Employee Perks With Overtime Rule Clarification

Brooks Pierce on

In a tightening job market, more companies are considering offering perks such as gym memberships, financial assistance for adoptions, tuition reimbursements and signing bonuses as a way to recruit and retain workers. While...more

McAfee & Taft

New DOL guidance on non-discretionary bonuses and per-project pay

McAfee & Taft on

On January 7, 2020, the Department of Labor’s Wage and Hour Division (DOL) released two opinion letters providing guidance for dealing with issues arising under the Fair Labor Standards Act (FLSA). While DOL opinion letters...more

Epstein Becker & Green

The New Year Brings New Guidance on FLSA Issues from the U.S. Department of Labor

Epstein Becker & Green on

In its first installment of opinions letters in 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) addressed two issues under the Fair Labor Standards Act (“FLSA”): (i) the salary basis requirements in the...more

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