News & Analysis as of

Prevailing Wages Fair Labor Standards Act (FLSA)

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2024 #4

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Whitcomb Selinsky, PC

Safeguarding Fair Compensation: Unpaid Wages in Construction

Whitcomb Selinsky, PC on

In a recent legal battle that resonates within the construction industry, a group of diligent construction workers stood up for their rights to unpaid wages and overtime compensation. Anchoring their claims on federal...more

Whitcomb Selinsky, PC

The Davis-Bacon Act: Ensuring Fair Wages in Construction Projects

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Preventing Wage Undercutting and Ensuring Fair Treatment for Construction Workers - Construction projects involve planning, organizing, and executing activities to create or renovate structures and infrastructure such as...more

Whitcomb Selinsky, PC

Federal Compliance: Fair Wages and Overtime for Construction Workers

Whitcomb Selinsky, PC on

In the world of construction, where the sweat and toil of dedicated workers converge to build awe-inspiring structures, it is disheartening to acknowledge that there are instances where these laborers are not justly...more

DirectEmployers Association

OFCCP Week In Review: March 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - March 2022 #3

Trump-Era Independent Contractor Rule Reinstated. In a decision issued on March 15, 2022, the U.S. District Court for the Eastern District of Texas reinstated the U.S. Department of Labor’s (DOL) rule, “Independent Contractor...more

Seyfarth Shaw LLP

On Deck for ’22: Exempt Salary Level Increases and Prevailing Wage Changes

Seyfarth Shaw LLP on

Seyfarth Synopsis: On December 10, 2021, the White House and U.S. Department of Labor confirmed their plan to propose new rules to increase the salary threshold for exempt employees under the FLSA and “modernize” the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

100 Days of the Biden Administration, Part II: Key Labor and Employment Policy Developments

In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...more

Littler

New Criminal Prosecutions Under Pennsylvania Wage Laws Pose a Major Threat to Contractors

Littler on

The federal Fair Labor Standards Act (FLSA) and some state wage laws contain provisions that impose criminal penalties on violators.  These provisions, once rarely used, are taking on new life as government officials have...more

Vinson & Elkins LLP

Biden Administration Raises Minimum Wage For Federal Government Contractors As Congress Mulls $2 Trillion Infrastructure Plan

Vinson & Elkins LLP on

On April 27, 2021, President Biden issued an executive order (the “Order”) increasing the minimum wage for Federal Government contractors and subcontractors from $10.95 per hour to $15.00 per hour. The text of the Order is...more

ArentFox Schiff

What Can Employers Expect From the Biden Administration?

ArentFox Schiff on

In brief: A sharp pivot toward employee- and union-friendly executive actions and legislation. Here’s what we mean. Executive Order 13950 - As we’ve reported, President Biden Revokes Executive Order 13950 | Arent Fox,...more

PilieroMazza PLLC

The Big Miss: When Job Misclassification Strikes Hard

PilieroMazza PLLC on

Everywhere you look companies are being hit hard with claims of misclassification of workers under labor regulations. So far in August 2019, Department of Labor (DOL) has announced over $2 Million in damages paid to...more

Jackson Lewis P.C.

Class Action Trends Report Spring 2019

Jackson Lewis P.C. on

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: - Who gets notice of a...more

Jackson Lewis P.C.

EPLI Trends, Sexual Harassment Claims, And Planning For 2019

Jackson Lewis P.C. on

The pace of workplace law change and risk exposure continues to grow. Filing of Equal Employment Opportunity Commission (EEOC) and state agency charges, initiation of wrongful discharge and other lawsuits, and daily publicity...more

Fox Rothschild LLP

Decertification Of A Class And Rejection Of Another Class In The Same Case: The Daily Double!

Fox Rothschild LLP on

This is an interesting case because it combines the elements of necessary, but not proven, commonality of situation for class certification and a quirky element of overtime calculation based on a unique FLSA provision. The...more

Fox Rothschild LLP

Defense Counsel Should Always Consider Preemption Motions To Dismiss In FLSA Cases When State Common Law Claims Are Asserted

Fox Rothschild LLP on

Where a plaintiff files a FLSA (or other statutory wage hour) lawsuit, he may well file state law, tort-like claims, such as unjust enrichment, breach of contract, fraud and others. Usually, if not always, those claims/counts...more

Holland & Knight LLP

Changes to FLSA White Collar Exemptions Raise Questions About Service Contract Act Compliance

Holland & Knight LLP on

The U.S. Department of Labor (DOL) rule that updates the overtime regulations for executive, administrative and professional employees (the "white collar exemptions") under the Fair Labor Standards Act (FLSA) is set to take...more

Dickinson Wright

Municipal Legal News

Dickinson Wright on

On September 21, Governor Snyder signed a package of bills (2016 PA 281-283) that significantly expands the types of medical marijuana facilities permitted under state law, and establishes a licensing scheme similar to the...more

Franczek P.C.

Recent H-2B Program Changes Require Careful Planning by Employers

Franczek P.C. on

Background on the H-2B Temporary Worker Program - The H-2B program provides visas for temporary, non-agricultural positions to foreign nationals in the United States. Traditionally, employers have used the H-2B...more

Franczek P.C.

A Wolf in Sheep's Clothing is Still a Wolf: The FLSA Regular Rate and Breach of Contract

Franczek P.C. on

Recently, I read about a construction contractor in Los Angeles caught in the middle of litigation between its subcontractors and the city, on behalf of the subcontractor’s former employees. According to the employees, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

It’s Confirmed Again—Davis-Bacon Has No Private Right of Action

In Carrion v. Agfa Construction, Inc., the Second Circuit Court of Appeals recently reaffirmed its prior interpretation that there is no private right of action under the Davis-Bacon Act (DBA) to recover prevailing wage or...more

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