The Trump Administration has asked the U.S. Court of Appeals for the Fifth Circuit to postpone oral argument in a lawsuit challenging President Joe Biden’s 2024 independent contractor rule.
The U.S. Department of Justice filed a motion to pause oral argument in a legal challenge brought by trucking companies in order to give the incoming…
The U.S. Department of Labor (DOL) has released an opinion letter addressing whether per diem expense payments for tools and equipment may be excluded from the hourly rate when calculating overtime pay under the Fair Labor Standards Act (FLSA). (FLSA 2024-01, Nov. 8, 2024).
While the opinion letter doesn’t break new ground, it’s…
The U.S. Supreme Court heard oral arguments on Tuesday, November 5, on the standard of proof that employers must meet to show an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA).
There are two competing choices: preponderance of the evidence or “clear and convincing” evidence. Every…
A Fifth Circuit panel heard oral argument on Wednesday, August 7, on whether Department of Labor (DOL) regulations imposing a salary requirement to satisfy the executive, administrative and professional exemptions is valid.
The case on appeal, Mayfield v U.S. Department of Labor, does not address the minimum salary level increase that took effect July…
In a strongly worded opinion, a federal judge in Texas held the U.S. Department of Labor (DOL) likely exceeded its authority in implementing its Final Rule raising the minimum salary level requirements for executive, administrative, and professional (EAP) exemptions to the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). State of…
The U.S. Department of Labor’s Final Rule raising the minimum salary level requirements for application of the Fair Labor Standards Act (FLSA) “white collar” exemptions is scheduled to take effect July 1, 2024. Lawsuits, however, have been filed seeking to invalidate and set aside the Final Rule and to block the increased salary thresholds from…
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 the rule is uncertain, however, as it faces several legal challenges that could disrupt its implementation.
Independent contractor…
“When an employer, as here, decides to allow employees to retain some portion of an unused health insurance credit, it can permissibly structure the program to prop up the employee health plans without treating the full amount of the health credit as part of the FLSA regular rate of pay.”…
Continue Reading Ninth Circuit: Health Insurance Opt-Out Fees Not Part of Regular Rate for Overtime Purposes
The U.S. Department of Labor (DOL) has issued its long-anticipated proposed rule to increase the minimum salary requirements for the “white collar” exemptions (executive, administrative, and professional) from minimum wage and overtime pay requirements under the Fair Labor Standards Act (FLSA).
Under the proposed rule, the salary level for the white-collar exemptions to apply will…
A federal district court in Arizona held this week that courts are not required – or even authorized – to grant judicial approval of settlement agreements resolving individual claims brought under the Fair Labor Standards Act (FLSA), joining a growing number of courts calling into question the notion that private FLSA settlements require review and…
