August 29, 2024
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Category: FLSA

Fifth Circuit Vacates DOL’s “80/20 Rule” for Paying Tipped Workers

A federal appeals court has thrown out the Biden Administration’s “80/20 Rule” rule governing the payment of tipped employees, finding it contrary to the language of the Fair Labor Standards Act (FLSA). In Restaurant Law Center v. U.S. Department of Labor, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit invalidated the rule on August 23,...
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July 02, 2024
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Category: FLSA

DOL’s Overtime Rule Takes Effect as Federal Court Blocks Enforcement Against Texas

The first phase of the U.S. Labor Department’s recent revisions to its overtime regulations for executive, administrative, and professional employees went into effect July 1, 2024. DOL’s final rule increased the minimum salary level from $684 per week to $844 per week (equivalent to an annual salary of $43,888) on July 1, 2024, and to $1,128 per week (equivalent to an annual...
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June 05, 2024
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Category: DOL

DOL Claims Manufacturer Is Jointly Liable for Child Labor Violations Committed by Its Supplier

The U.S. Department of Labor recently filed a lawsuit alleging that an auto manufacturer is jointly liable for child labor violations committed by one of its suppliers and the supplier’s staffing company. In its complaint, DOL alleges that the auto manufacturer is so interrelated with its supplier that it is an integrated employer for liability purposes under the Fair Labor Standards Act...
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May 22, 2024
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Category: Compensation

CWC’s Updated “Talking Points” Guide on DOL’s New White Collar Overtime Regulations

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has written new Talking Points to help CWC members educate their managers and supervisors about the 2024 revisions to the Labor Department’s white-collar overtime regulations. These updated Talking Points supersede the Talking Points that CWC prepared in 2019 when DOL last revised the regulations. The new regulations increase the...
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May 15, 2024
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Category: Compensation

Highlights From CWC’s Web Workshop on DOL’s New “White Collar” Overtime Regulations

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, held a members-only web workshop May 7, 2024, to discuss the Labor Department’s new white-collar overtime regulations, which will take effect July 1, 2024. DOL’s rule increases the minimum amount that a salaried employee must be paid to be exempt from overtime pay—from the current $684 per week to...
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May 07, 2024
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Category: Executive Order

Federal Appeals Court Upholds Biden’s Federal Contractor Minimum Wage

President Biden had the authority to establish a minimum wage for federal contractors that exceeds the federal statutory minimum wage, the U.S. Court of Appeals for the Tenth Circuit ruled April 30, 2024. In Bradford v. DOL, the Tenth Circuit became the first federal appeals court to rule on a challenge to the federal contractor minimum wage, although appeals are...
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April 24, 2024
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Category: FLSA

DOL Raises White Collar Overtime Threshold by 65%, Leaves Employers Little Time To Comply

The U.S. Department of Labor has issued a final rule revising the white-collar exemptions to the Fair Labor Standards Act’s overtime rules that will make thousands of additional salaried executive, administrative, and professional employees eligible for overtime pay. The rule will increase the minimum amount that a salaried employee must be paid to be exempt from overtime pay—from the current...
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March 26, 2024
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Category: Appropriations

Congress Flat Funds OFCCP, NLRB and Other Workplace Regulators for Rest of FY 2024

Congress and the White House have finally reached a spending deal, six months after the government’s 2024 fiscal year began, with the approval of the Further Consolidated Appropriations Act, 2024 (H.R. 2882). This legislation funds a large portion of the government—including the Department of Labor (DOL) and the National Labor Relations Board (NLRB)—through September 30, 2024. It follows an earlier...
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March 13, 2024
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Category: FLSA

DOL’s Controversial Independent Contractor Rule Goes Into Effect

The Department of Labor’s new independent contractor rule for worker classification under the Fair Labor Standards Act (FLSA) went into effect March 11, 2024, although it is subject to several legal challenges. This latest version of the ever-changing standard lists six non-weighted economic factors to consider when deciding whether a person is an independent contractor or an employee. The new...
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February 26, 2024
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Category: State and Local Law

CWC Interstate: February 2024 Update

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents its latest update of workplace-related state and local developments that have occurred since its December 2023 Interstate memo and the 2023 round-up that it published in January. Many of the laws discussed relate to new state or local provisions regarding paid leave and pay transparency. CWC members can read...
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