News & Analysis as of

New Regulations Department of Labor (DOL) Fair Labor Standards Act (FLSA)

Hinshaw & Culbertson - Employment Law...

The Department of Labor Announces New Final Rule Clarifying Employee Representative Rights During Workplace Inspections

On March 29, 2024, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a final rule (Final Rule) amending regulations for workplace investigations. It clarifies that employees may...more

Foley Hoag LLP

Biden Administration Tightens Enforcement of Tip Regulations

Foley Hoag LLP on

On September 24, 2021, the U.S. Department of Labor (DOL) issued a new final rule strengthening the enforcement provisions of existing regulations concerning tipped employees. While various regulations relating to tipped...more

ArentFox Schiff

In California, The “Regular Rate” for Meal and Rest Period Premium Pay and Overtime Are Now Retroactively the Same

ArentFox Schiff on

Since 2001, California Labor Code Section 226.7 has required employers to pay employees an additional hour of pay at the employee’s “regular rate of compensation” for not providing compliant meal or rest periods. The...more

Jaburg Wilk

Tipping Points – DOL Issues New Opinions About Paying Tipped Employees

Jaburg Wilk on

Days before the January 20, 2021, presidential inauguration, the U.S. Department of Labor (DOL), under the outgoing administration, issued a flurry of new regulations, rules and opinion letters that could significantly impact...more

Stokes Wagner

New Tipping Regulations Will Take Effect March 1, 2021

Stokes Wagner on

The Department of Labor has issued new tipping regulations, to take effect on March 1, that make a few significant changes, some of which may be advantageous to hospitality employers....more

ArentFox Schiff

DOL Opines That Weekly Hours Do Not Have to Fluctuate Above and Below 40 Hours to Qualify for the Fluctuating Workweek Overtime...

ArentFox Schiff on

The Administrator of the U.S. Department of Labor’s Wage and Hour Division (the WHD) issued an Opinion Letter on August 31, 2020, holding that an employee’s work hours do not have to fluctuate above and below 40 per workweek...more

Poyner Spruill LLP

DOL Issues Update on Joint Employment under the FLSA

Poyner Spruill LLP on

For the first time in 60 years, the U.S. Department of Labor updated the Fair Labor Standard Act’s (FLSA) joint employer regulations. (29 C.F.R. §§ 791.1 to 791.3.)...more

Parker Poe Adams & Bernstein LLP

U.S. Labor Department Finalizes Rule Limiting Joint Employer Liability

In April 2019, the U.S. Department of Labor’s Wage and Hour Division published proposed rules dealing with the definition of joint employment under the Fair Labor Standards Act. Joint employment status means that two or more...more

Harris Beach PLLC

U.S. Department of Labor Issues New Joint Employer Rule Applicable to Wage and Hour Violations under the Fair Labor Standards Act

Harris Beach PLLC on

For the first time in sixty years, the U.S Department of Labor is substantively revising the regulation that articulates when two people or businesses are “joint employers” of an employee under the Fair Labor Standards Act...more

McNees Wallace & Nurick LLC

Now It’s Pennsylvania’s Turn – Governor Wolf Announces Proposed Increases to Minimum Salary Requirements for State Law Overtime...

As many will recall, the U.S. Department of Labor issued regulations in May 2016 that would have increased dramatically the minimum salary requirements for the Fair Labor Standards Act’s “white-collar” overtime exemptions. ...more

Littler

Executive Order Creating Steps for Regulatory Review and Reform Could Target Burdensome Employment Rules

Littler on

On Friday, President Trump issued an executive order, Enforcing the Regulatory Reform Agenda ("the Order"), which calls for each federal agency to develop a regulatory reform task force to identify burdensome regulations for...more

Proskauer - Law and the Workplace

Supreme Court Denies Stay of DOL’s Home Care Rule

On December 22, 2014, in Home Care Association of America v. Weil, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and...more

Franczek P.C.

New FLSA Regulations Released, Salary Threshold Doubled

Franczek P.C. on

Since last spring, we have been following developments in the oft-delayed Fair Labor Standards Act (FLSA) regulations rewrite by the Department of Labor (DOL). The Office of Management and Budget’s Office of Information and...more

Foley & Lardner LLP

Overtime Regulations on the Horizon: What to Start Thinking About Now

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Wage and hour issues are oftentimes amongst a company’s least favorite topics of conversation and yet, at the same time, can be the source of major liabilities. And just as the corporate world tries to figure out where the...more

Fisher Phillips

DOL's Wage Rule for Home Care Workers on Hold

Fisher Phillips on

A federal judge has scuttled key aspects of the U.S. Labor Department's (DOL's) rule that would have extended the federal Fair Labor Standards Act's minimum wage and overtime requirements to many home care workers. The rule...more

Laner Muchin, Ltd.

DOL Issues Proposed Regulatory Changes To Sex Discrimination Rules For Federal Contractors

Laner Muchin, Ltd. on

The United States Department of Labor (USDOL) has begun what is expected to be a year filled with regulatory changes by issuing its proposed new regulations regarding sex discrimination by federal contractors, which have not...more

Womble Bond Dickinson

Because you are asking . . . DOL Says New Proposed Rule On White Collar Exemptions Under The FLSA Will Be Issued In February 2015

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As many of you know, last year President Obama directed the DOL to issue new regulations to “modernize and streamline” the white collar exemptions to the minimum wage and overtime requirements under the FLSA. (Keep in mind...more

Fisher Phillips

Companionship-Exemption Regulation To Be Released

Fisher Phillips on

Months after its April 2013 target date, the U.S. Labor Department announced this afternoon that it is issuing a Final Rule re-stating the requirements for and limitations upon the "companionship" exemption in the federal...more

Fisher Phillips

Healthcare Update, No. 2, May 2013: End of Companionship Exemption?

Fisher Phillips on

In April, the U.S. Labor Department (DOL) is scheduled to announce regulations that will almost certainly increase the cost of employing individuals as home care aides who are considered “companions” under the Fair Labor...more

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