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Category: Wage and Hour

Are Supervised FLSA Settlements Required?

Based largely on an interpretation of the law issued by a federal appeals court 40 years ago, the U.S. Department of Labor (DOL) takes the position that to be enforceable, private parties cannot settle claims of alleged violations under the Fair Labor Standards Act (FLSA) absent approval either by the agency or by a federal court. But must an FLSA...
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Category: Wage and Hour

House Committee Approves Massive Pro-Worker Overhaul of Fair Labor Standards Act

The Democrat majority on the U.S. House of Representatives Committee on Education and Labor recently approved a massive rewrite of the federal Fair Labor Standards Act (FLSA), the federal law that sets wage and hour requirements. Among other things, the bill (H.R. 7701) would put the federal government in charge of enforcing private wage agreements, add burdensome new employer disclosure...
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Category: Wage and Hour

Senate Rejects Nomination of David Weil as Repeat Wage and Hour Administrator

In a political blow to the Biden Administration, the U.S. Senate voted recently against proceeding with a confirmation vote on the President’s nomination of Professor David Weil to serve as the Labor Department’s Wage and Hour Administrator. The die was cast when three Senate Democrats joined every Senate Republican in blocking the nomination from going forward. As a result, the...
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Category: Contingent Workers

Federal Court Rules DOL Acted Unlawfully in Rescinding Trump-Era Independent Contractor Rule

A federal district court ruled recently that the Biden Administration’s Labor Department acted unlawfully when it delayed and later repealed Trump-era regulations governing classification of workers as employees or independent contractors under the Fair Labor Standards Act (FLSA). The court’s ruling in Coalition for Workforce Innovation v. Walsh effectively reinstates the Trump Administration’s regulatory reforms retroactively. Importantly, the court’s decision...

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