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Wage and Hour › Employer Liability Issues › Arbitrary and Capricious

Steptoe & Johnson PLLC

Federal Appeals Court Deals Mortal Blow to Tipped Employee Regulations

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Details Hospitality employers with tipped employees received welcome news late last month when a federal appeals court overturned the Department of Labor’s (DOL) so-called 80/20/30 Rule, the highlight of a new set of...more

Jackson Lewis P.C.

Independent Contractor Rule Takes Effect, But Legal Challenges Mount

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The U.S. Department of Labor (DOL) final rule revising the standard for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA) took effect March 11, 2024. The fate of...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on Wage & Hour

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"Joint Employer" Status in the Wage and Hour Context - A New York federal court has struck down a Final Rule from the U.S. Department of Labor (DOL) that set out a four-factor test to determine “joint employer” status,...more

Jones Day

New York Federal Court Partially Invalidates U.S. Department of Labor’s Joint Employer Regulation

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The Situation: Seventeen states and the District of Columbia filed suit in the Southern District of New York seeking declaratory and injunctive relief against the U.S. Department of Labor's ("DOL") new joint employer...more

Troutman Pepper

Southern District of New York Judge Strikes Down Department of Labor Standard for Joint Employment

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Q: What does the latest decision on joint employer liability mean for businesses? A: On September 8, 2020, the United States District Court for the Southern District of New York issued a decision overturning the U.S....more

Carlton Fields

Federal Judge Blocks Significant Portions of DOL's Joint Employer Rule

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On September 8, 2020, Federal District Court Judge Gregory Woods struck down critical parts of the U.S. Department of Labor’s (DOL) new joint employer rule, which took effect in March of this year and which was intended to...more

Epstein Becker & Green

Court Invalidates Portion of U.S. DOL’S Business-Friendly Joint Employer Final Rule

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On September 8, 2020, a federal district court struck down the U.S. Department of Labor’s (“DOL”) Final Rule on joint employer liability, concluding that the Rule violated the Administrative Procedure Act (“APA”) by...more

Best Best & Krieger LLP

DOL’s Joint Employer Rule Struck Down by Federal Court

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California Among 18 States that Successfully Challenged “Vertical Employment” Liability Rule - Portions of the U.S. Department of Labor’s new rule regarding vertical joint employer liability were tossed out by a federal...more

Ballard Spahr LLP

Federal Judge Blocks Portions of DOL’s Joint Employer Rule

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SUMMARY - On September 8, 2020, a federal judge in New York struck down significant portions of the U.S. Department of Labor (DOL) joint employer rule, which had narrowed the situations in which businesses can be held...more

Fisher Phillips

Employers Get A Pay Data Reporting Reprieve – But For How Long?

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Despite a recent court ruling resurrecting the requirement that employers turn over compensation information along with standard demographic figures, the EEOC this morning unveiled its 2019 EEO-1 reporting system that fails...more

Davis Wright Tremaine LLP

UPDATED: EEO-1 Pay Data Rule May Be Back …But Don't Overreact

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You may have seen warnings that a federal judge has reinstated the EEOC rule requiring companies to disclose pay data on their annual EEO-1 forms, and that the first reporting deadline is just weeks away. ...more

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