January 29, 2024
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Category: Agency Enforcement

DOL’s Release of FMLA/FLSA Enforcement Data Shows Little Change From Previous Year

Enforcement statistics related to the Family and Medical Leave Act and the Fair Labor Standards Act do not show much change from fiscal year 2022 to fiscal year 2023, according to data published by the Labor Department’s (DOL) Wage and Hour Division (WHD). The data showed that in FY 2023, WHD closed 334 cases in which it found an FMLA...
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January 17, 2024
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Category: Data and Statistics

Employment-Related Lawsuits Filed in Federal Court Increased in 2023

Total employment-related lawsuits filed in federal courts increased by nearly 9% in fiscal year 2023 over the preceding year, according to statistics from the Administrative Office of the U.S. Courts. A 21% increase in suits filed under the Americans with Disabilities Act (ADA) led the uptick, which ended a four-year downward trend in the filing of employment-related federal lawsuits. Despite the...
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January 16, 2024
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Category: FLSA

DOL Finalizes Rule Making It Harder To Show Worker Is Independent Contractor

The U.S. Department of Labor (DOL) has finalized a rule that determines whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The new rule will go into effect March 11, 2024. It rescinds regulations issued during the Trump Administration and adopts a controversial six-part economic reality test applied during the Obama Administration. Although...
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December 14, 2023
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Category: EEOC

Government’s Latest Semi-Annual Regulatory Agenda Shows New Activity by the EEOC

This memo summarizes workplace-related regulatory priorities that the Biden Administration listed in its latest semi-annual regulatory agenda. This memo, as well as a chart prepared by our affiliated nonprofit membership association, the Center for Workplace Compliance (CWC), provide a user-friendly digest of regulatory developments that we are following. Notably, for the first time in several years, the agenda lists several new...
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December 12, 2023
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Category: FLSA

Six States Will Have Overtime Minimum Salary Thresholds Higher Than Fed as of 1/1/24

To be exempt from overtime pay under federal law, an executive, administrative, or professional employee must be paid a weekly salary of at least $684 (equivalent to an annual salary of $35,568), regardless of the employee’s job duties. The Fair Labor Standards Act (FLSA) does not preempt individual states from enacting their own more expansive wage and hour laws, however, and...
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November 15, 2023
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Category: Comment Letter

CWC Comments to DOL Object to Proposal for Expanding White Collar Overtime Pay

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Department of Labor (DOL) objecting to its proposed rule that would substantially increase the salary test for white-collar overtime regulations. CWC’s comments question whether the proposal is needed and whether it exceeds DOL’s authority under the Fair Labor Standards Act (FLSA). If finalized...
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October 30, 2023
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Category: Congress

Key Appointments Update: Looman New DOL Wage and Hour Administrator, Burrows Clears Committee

The U.S. Senate recently took two significant steps regarding President Biden’s nominees for key workplace enforcement agency positions. It confirmed Jessica Looman as the Labor Department’s Wage and Hour Administrator, nearly 18 months after she was nominated. In another development, the Senate Health, Education, Labor, and Pensions (HELP) Committee approved and sent to the Senate floor President Biden’s nomination of...
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October 09, 2023
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Category: Executive Order

DOL Announces Federal Contractor Minimum Wage Rates To Increase on January 1, 2024

The minimum wage rates for work performed under specified government contracts will increase January 1, 2024, the U.S. Department of Labor (DOL) recently announced. The minimum wage under contracts subject to E.O. 13658 (President Obama’s executive order relating to certain government contracts entered into, renewed, or with options exercised before January 30, 2022), will increase from $12.15 to $12.90. The...
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September 19, 2023
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Category: Agency Enforcement

EEOC and DOL’s Wage and Hour Division Sign Partnership Pact To Enhance Enforcement Efforts

The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) have signed a Memorandum of Understanding (MOU). The agreement details the agencies’ plan to establish a referral system, share information, coordinate investigations, cross-train personnel, and conduct joint outreach events. The EEOC and WHD, which have broad authority over federal employment laws, said the...
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September 05, 2023
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Category: FLSA

DOL Proposed Rule Would Make Millions of White Collar Workers Eligible for Overtime

The Department of Labor (DOL) has released its long-expected proposal to revise the regulations governing the minimum wage and overtime exemption for salaried employees under the Fair Labor Standards Act (FLSA). The proposed rule would increase by nearly 55 percent the current salary threshold under which an otherwise exempt white collar worker would qualify for overtime pay. Specifically, the minimum...
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