The U.S. Department of Labor confirmed on October 30, 2017 that it intends to “undertake new rulemaking with regard to overtime.” While the DOL simultaneously filed an appeal of the district court order holding the prior overtime rule invalid, the DOL stated it intends to request that the Fifth Circuit “hold the appeal in abeyance
DOL regulations
DOL Confirms to OMB It Will Reverse Course on Yet Another Controversial Regulation, New Rule Will Reduce Restrictions on Tip Sharing
By Justin R. Barnes on
In recent years, one significant issue that has plagued industries employing tipped employees is whether the employers must ensure that tipped employees retain all of their tips even if the company is not using the employee’s tips to satisfy part of the minimum wage pursuant to the FLSA’s “tip credit” provision, 29 U.S.C. § 203(m).…
Sen. Sanders, Other Members of Congress, File Amicus Brief in Support of DOL Salary Basis Regulation
By Justin R. Barnes on
Sen. Bernie Sanders, along with twenty-five other members of Congress, have filed an amicus brief in the Fifth Circuit Court of Appeals urging the Court to reverse the injunction issued by a Texas federal judge enjoining enforcement of the Department of Labor’s recent increase to the salary basis threshold for the white collar exemptions under…
DOL Requests Expedited Ruling on Appeal of Preliminary Injunction, But Appeal Will Not Be Decided Before Trump Administration Under Proposed Schedule
By Justin R. Barnes on
On December 2, one day after filing its appeal of the preliminary injunction blocking its new salary basis regulations, the DOL filed a request for expedited briefing and oral argument in the appeal. The DOL has requested that the Fifth Circuit Court of Appeals set an expedited schedule whereby briefing would be complete on …
Did the DOL Salary Basis Regulations Just Get Trumped?
By Justin R. Barnes on
Jackson Lewis Principal Eric Magnus contributed to this post.
The U.S. Department of Labor regulations raising the required salary level for the white collar exemptions (executive, administrative, and professional) under the Fair Labor Standards Act are scheduled to become effective December 1, 2016. Since the results of Tuesday’s election, some employers are considering whether to…
Second Circuit Grants WARN Plaintiffs New Life On “Single Employer” Theory
By Noel P. Tripp on
Posted in Furloughs
Potential wage liability attaches not only to hours already worked (under the FLSA), but also to violations of the Worker Adjustment Retraining and Notification Act (WARN) which requires 60 days’ notice or pay in lieu of notice for covered plant closings or mass layoffs. One issue that can arise under the WARN act, as it…
Ninth Circuit Requires Reimbursement of H2A Expenses
By Noel P. Tripp on
In the latest in a series of decisions addressing the proper allocation of travel and immigration fee expenses between employers and employees utilizing the H2A agricultural guestworker program, the Court of Appeals for the Ninth Circuit (the largest federal circuit, encompassing Washington, Montana, Idaho, Oregon, Nevada, California, Arizona, Alaska and Hawaii) ruled an employer…