News & Analysis as of

Final Rules Employer Liability Issues Department of Labor (DOL)

Verrill

Prepare for Cooler Weather, Annual Enrollment, and 2025

Verrill on

Summer is ending and fall is rapidly approaching. For employee benefit professionals with calendar-year health and welfare benefit plans that means preparing for annual enrollment and year-end compliance requirements. This...more

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

Bass, Berry & Sims PLC

Chevron No More: The Impact on Benefit Plans

Bass, Berry & Sims PLC on

On June 28, 2024, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, Secretary of Commerce and Relentless, Inc. v. Department of Commerce (Loper Bright), overturning Chevron U.S.A. Inc v. Natural...more

Venable LLP

An Independent School’s Guide to the New DOL Overtime Rule

Venable LLP on

In a 2024 Final Rule, the Department of Labor (DOL) announced that it would be increasing in two phases the salary threshold for employees to be exempt from overtime....more

Spilman Thomas & Battle, PLLC

DOL Final Rule Imposed a Series of Increases to Minimum Salary Threshold for Overtime Exemptions

As we reported last fall, the Wage and Hour Division of the Department of Labor (DOL) issued a proposed rule in September 2023 to significantly increase the standard salary level applicable to the overtime exemption for...more

Pullman & Comley - Labor, Employment and...

Important Wage Alert Regarding the DOL’s Final Rule Increasing the Salary Level for the Executive, Administrative and Professional...

Effective July 1, 2024, the U.S. Department of Labor’s new overtime rule took effect throughout the country, except in the state of Texas (where due to ongoing litigation, Texas employees that are employed by the state of...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Insights, Issue 2, July 2024

Welcome to the Summer issue of SuperVision, our labor and employment e-newsletter. We continue to see substantial activity and legal developments impacting employers. In this edition, we cover Artificial Intelligence,...more

Bradley Arant Boult Cummings LLP

What Does the End of Chevron Deference Really Mean for Employers?

This month, the Supreme Court put an end to “Chevron deference,” the decades-long practice of judicial deference to federal agency interpretations of ambiguous statutory language. What does this mean for employers? Well,...more

Miller & Martin PLLC

Step One of the DOL Final Rule Increasing FLSA Exemption Salary Thresholds Is Now in Effect

Miller & Martin PLLC on

As our prior legal alert detailed, the Wage and Hour Division of the Department of Labor on April 23, 2024 announced its Final Rule increasing salary thresholds for the Executive, Administrative, and Professional (“EAP”)...more

Schwabe, Williamson & Wyatt PC

Supreme Court Opinions Overturn Chevron and Modify the Statute of Limitations Allowed by Lower Courts

On June 28, the Supreme Court handed down Loper Bright Enterprises v. Raimondo, which overturned the prior Supreme Court precedent, articulated in Chevron v. Natural Resource Defense Council, Inc. and known as “the Chevron...more

Cozen O'Connor

Employment Law Now VIII-145 – Status Update: Injunctions for FTC Non-Compete Ban and DOL Overtime Exemption Regs

Cozen O'Connor on

Where are things right now with the injunction decisions on the FTC’s non-compete ban and the DOL’s new overtime exemption regulations? Today’s new episode provides the latest updates, while also discussing the Supreme...more

Robinson Bradshaw

U.S. DOL Final Rule In Effect July 1, 2024

Robinson Bradshaw on

Here we go again – except this time, it’s final. For now. On July 1, the U.S. Department of Labor’s final rule increasing the standard salary threshold for overtime exemption went into effect. This rule, released on April 23,...more

Nelson Mullins Riley & Scarborough LLP

DOL Overtime Rule Blocked for Employees of State of Texas

On June 28, 2024, a Texas federal judge issued an injunction temporarily blocking the U.S. Department of Labor’s (DOL) new overtime rule from taking effect for employees working for the State of Texas.  As discussed in a...more

FordHarrison

New Update on Litigation Challenging the DOL's 2024 Salary Rule

FordHarrison on

Executive Summary: On July 1, 2024, the federal court for the Northern District of Texas issued a decision in Flint Avenue, LLC v. U.S. Department of Labor, denying the plaintiff employer’s request for a nationwide...more

Winthrop & Weinstine, P.A.

Navigating the New DOL Rule on FLSA Overtime Exemptions: What Employers Need to Know

Effective July 1, 2024, the U.S. Department of Labor’s (“DOL’s”) final rule on salary minimums for exempt employees (the “Overtime Rule”) under the Fair Labor Standards Act (“FLSA”) has come into effect.  This rule applies to...more

Franczek P.C.

Tech Firm’s Attempt to Block Overtime Rule Falls Short

Franczek P.C. on

After a federal judge in the Eastern District of Texas blocked the DOL’s new overtime exemption rule as it pertains to Texas state employees, another judge in the Northern District of Texas declined to issue a similar...more

Bass, Berry & Sims PLC

Are You in Compliance with the New FLSA Salary Threshold?

We previously posted here regarding a July 1, 2024, increase in the salary threshold for overtime exemptions under the Fair Labor Standards Act (FLSA). Despite multiple legal challenges to the Department of Labor’s 2024 Rule,...more

Brooks Pierce

Challenges to DOL Overtime Rule (Effective for *Almost All Covered Employers July 1, 2024)

Brooks Pierce on

Most employers in the United States will start the month of July with a higher salary requirement to exempt certain employees from minimum wage and overtime under the Fair Labor Standards Act (FLSA). However, a June 28th...more

Schwabe, Williamson & Wyatt PC

District Court Strikes Down Portions of Recent Davis-Bacon Act Revisions

A Federal District Court in Texas struck down portions of the Department of Labor’s (DOL) revisions to the Davis-Bacon Act Regulations, effectively reducing the scope of work that will be subject to Davis-Bacon Act wages....more

Franczek P.C.

Will The New Overtime Rule Take Effect July 1?

Franczek P.C. on

The clock is quickly ticking down to July 1, when the U.S. Department of Labor’s new rule increasing the minimum salary for many employees to be considered exempt from overtime under the Fair Labor Standards Act is supposed...more

Bradley Arant Boult Cummings LLP

Inflation Reduction Act Prevailing Wage and Apprenticeship Compliance: Treasury and IRS Issue Final Rule

On June 18, 2024, Treasury and the IRS released the final rule for compliance with the prevailing wage and apprenticeship requirements (PWA requirements) pursuant to the Inflation Reduction Act of 2022 (IRA). This final rule...more

Arnall Golden Gregory LLP

Injunction Junction: Judicial Challenges to New Employment Rules

April 2024 saw a whirlwind of activity on the employment front as executive federal agencies issued a wave of new rules. On April 15, 2024, Equal Employment Opportunity Commission (“EEOC”) announced its final rule...more

Littler

Rates Up, Dude – Surfing the Wave of U.S. Minimum Wage, Tipped, and Exempt Employee Pay Increases that Will Occur on July 1, 2024

Littler on

While some across the United States are working on their tans, many employers are working on managing their labor budgets so they don’t get burned by increases in minimum pay standards for non-exempt, tipped, and certain...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

Pillsbury - Propel

Don’t Be Fooled: Employers Cannot Circumvent Wage and Hour Rules by Classifying Workers as Contractors!

Pillsbury - Propel on

Although companies may be tempted to classify workers as contractors to circumvent wage and hour rules, this is the classic example of penny-wise and pound foolish. Misclassification of employees as contractors can lead to...more

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