News & Analysis as of

Final Rules Department of Labor (DOL) Labor Regulations

Bradley Arant Boult Cummings LLP

Tipped Out? 5th Circuit Negates DOL Tip Credit Rule

How the FLSA “tip credit” is applied has been pushed and pulled numerous times over the last two decades. In the latest volley, the Fifth Circuit entered an order on August 23, 2024, vacating the Department of Labor’s 2021...more

Butler Snow LLP

Hurry Up and Wait – DOL Final Rule increasing salary threshold on July 1, 2024 faces legal challenges

Butler Snow LLP on

On April 23, 2024, the United States Department of Labor (“DOL”) announced a final rule which will raise the salary threshold required to classify employees as exempt from overtime pay requirements under federal law.[1]...more

Verrill

Key Takeaways for Maine Employers from DOL Final Rule Increasing Salary Thresholds for Exempt Employees

Verrill on

The U.S. Department of Labor recently issued a final rule that would increase the required salary thresholds for employees to be exempt from overtime requirements under the Fair Labor Standards Act (FLSA). The increases to...more

Bodman

New DOL and FTC Rules (Maybe) Mandate Employment Changes

Bodman on

It was a busy and high-profile week for the Department of Labor (“DOL”) and the Federal Trade Commission (“FTC”), both of which issued new rules that require employers to thoroughly review their use of the exempt...more

Brooks Pierce

Extra, Extra…Pay for Exempt Employees: DOL Published Final Rule on Overtime Exemptions

Brooks Pierce on

On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule altering the requirements for “white collar” exemptions under the federal Fair Labor Standards Act (FLSA). This is the final step in a process that...more

DirectEmployers Association

OFCCP Week In Review: April 2024 #4

Tuesday, April 16, 2024: Federal Trade Commission Poised to Issue Final Rule to Prevent Most Worker Non-Compete Agreements - The Federal Trade Commission (“FTC”) is on the brink of issuing its Final Rule that would...more

Constangy, Brooks, Smith & Prophete, LLP

USDOL proposes to expand minimum wage, OT protections by increasing minimum salaries for White Collar exemptions

After repeated promises and repeated delays, the U.S. Department of Labor has released proposed regulations to revise the compensation requirements of the White Collar and Highly Compensated Employee exemptions of the Fair...more

Burr & Forman

Department of Labor Releases Final Rule for Tipped Employees

Burr & Forman on

Tip Credits under the Fair Labor Standards Act - The Fair Labor Standards Act (“FLSA”) generally permits employers to pay tipped employees less than the minimum hourly wage, provided that the tips the employee receives are...more

FordHarrison

Restaurant Industry Alert: DOL Publishes Final Rule for Tipped Employees

FordHarrison on

On October 29, 2021, the U.S. Department of Labor (DOL) published its Final Rule related to tipped employees. It is effective December 28, 2021. DOL had issued a Notice of Proposed Rulemaking (NPRM) on June 21, 2021,...more

Polsinelli

Department of Labor Finalizes $15 Minimum Wage for Employees of Federal Contractors

Polsinelli on

On November 16, 2021, the Department of Labor published a Final Rule implementing Executive Order 14026 and raising the federal contractor minimum wage to $15 per hour under most federal government contracts entered into...more

Proskauer - Law and the Workplace

DOL Rescinds Trump-Era Joint Employer Rule

The U.S. Department of Labor announced on July 29 that it will rescind the March 2020 rule on Joint Employer Status under the Fair Labor Standards Act (the “2020 Rule”).  The DOL’s action removes the regulations established...more

Jackson Lewis P.C.

DOL Adopts Portions Of Tipped Regulations Final Rule, Proposes Further Delay Of Other Portions

Jackson Lewis P.C. on

While deciding to make effective some portions of the Tipped Regulations Final Rule published in the final weeks of the former administration, the U.S. Department of Labor (DOL) has proposed further delay and consideration of...more

Parker Poe Adams & Bernstein LLP

Federal Court Rejects U.S. Labor Department's New Joint Employer Rule

After decades of controversy, the U.S. Department of Labor issued final rules earlier this year explaining when two companies are joint employers for purposes of federal labor laws, such as wage and hour and unionization...more

Jackson Lewis P.C.

New York Federal Court Strikes Down Primary Element Of DOL’s New ‘Joint Employer’ Rule

Jackson Lewis P.C. on

A federal district court in New York has struck down a significant portion of the recently promulgated Final Rule issued by the U.S. Department of Labor (DOL) regarding the standard for establishing joint-employer liability...more

Fisher Phillips

Bloomberg Law Reports DOL Misclassification Rule Could Be In Jeopardy

Fisher Phillips on

A report by Ben Penn in Thursday’s Bloomberg Law casts serious doubt about whether the Department of Labor will proceed with a misclassification rule before the end of this presidential term. We reported last month that the...more

Jackson Walker

Federal Court Strikes Down Parts of DOL Regulations on COVID-19-Related Paid Leave

Jackson Walker on

On August 3, 2020, in State of New York v. U.S. Department of Labor, a federal district judge in the Southern District of New York held that four parts of U.S. Department of Labor (DOL) regulations under the Families First...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - February 2020 #3

Seyfarth Shaw LLP on

NLRB Issues Final Joint Employer Rule. On February 26, the NLRB published its final rule governing joint employer status under the National Labor Relations Act. ...more

ArentFox Schiff

NLRB Issues Pro-Employer Joint Employment Rule

ArentFox Schiff on

On February 26, 2020, the National Labor Relations Board (the NLRB) issued its final rule governing joint employer status under the National Labor Relations Act (the NLRA). The final rule replaces the Obama administration’s...more

McNees Wallace & Nurick LLC

Final Rule Issued by US Department of Labor Clarifying Joint Employment under the Fair Labor Standards Act

As a follow up to its Notice of Proposed Rulemaking issued in April 2019, the US Department of Labor (DOL) announced on January 12, 2020, the issuance of a Final Rule to revise and clarify the standard for joint employment...more

Epstein Becker & Green

DOL Issues Final Rule Addressing Joint Employer Status Under the Fair Labor Standards Act

Epstein Becker & Green on

On Thursday, January 16, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) published in the Federal Register the much-anticipated Final Rule regarding joint employer status under the Fair Labor Standards...more

Bricker Graydon LLP

“Are you my employer?” Department of Labor clarifies joint employer status with new final rule

Bricker Graydon LLP on

On January 16, 2020, the Department of Labor (DOL) published a final rule that brings much-needed clarity to employers on how to determine “joint employer” status under the Fair Labor Standards Act (FLSA) when an employee...more

Polsinelli

Department of Labor Clarifies that Franchising Does Not Make Joint-Employer Status More Likely under FLSA

Polsinelli on

On January 12, 2020, the U.S. Department of Labor announced a final rule that updates its regulations interpreting when multiple entities can be held liable as “joint employers” for wage-and-hour violations under the Fair...more

Fisher Phillips

Labor Department’s New 4-Factor Rule Attempts To Limit Joint Employment

Fisher Phillips on

The U.S. Department of Labor just finalized its rule that attempts to limit the scope of joint employment liability for wage and hour matters. Although much remains to be seen, this rule may usher in a new era, and could lead...more

Littler

DOL Issues Final Rule on Joint-Employer Status under Fair Labor Standards Act

Littler on

On January 13, 2020, the U.S. Department of Labor (DOL) released its long-awaited final rule regarding joint-employer status under the Fair Labor Standards Act (FLSA).  The final rule is scheduled to be published in the...more

Bradley Arant Boult Cummings LLP

Keeping It Regular: DOL Issues Rule Clarifying Regular Pay Rate

The Department of Labor recently issued a final rule about how to calculate an employee’s regular rate of pay for overtime purposes under the Fair Labor Standards Act. As everyone knows, under the FLSA you have to pay...more

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