Limited enforcement data reported recently by the Labor Department under the Family and Medical Leave and Fair Labor Standards Acts covering fiscal year 2023 do not show much of a change from FY 2022.
Reversing a four-year downward trend, employment-related lawsuits filed in federal court increased by 9% last year, led by a 21% increase in suits filed under the Americans with Disabilities Act.
The Labor Department has reinstated a controversial interpretation of the test for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act that raises the stakes for an employer that makes the wrong
Under federal law and implementing regulations issued by the Labor Department, a salaried executive, administrative, or professional employee must be paid a minimum salary to be considered exempt from overtime. The federal threshold is a floor, howev
Just four years after the Labor Department revised its regulations to make many more white collar workers eligible for overtime pay, DOL is proposing to do so again. CWC’s comments on the proposal question its need, as well as whether it exceeds DOL’
MEMBER FEEDBACK REQUESTED. The Biden Administration’s Department of Labor has published its long-expected proposal to amend the “white collar” regulations under the Fair Labor Standards Act in order to extend overtime eligibility to numerous salaried
For the second time, a federal trial court in Texas has rejected an attempt by the restaurant industry to block enforcement of revised “tip credit” regulations issued by the Biden Administration’s Labor Department.
The appeals court has rejected the often plaintiff-friendly “conditional certification” that many courts grant in allowing a collective action under the Fair Labor Standards Act to proceed. Instead, the court has adopted a standard that requires lead
New guidance issued by the Labor Department summarizes the broad provisions of a law enacted by Congress late last year that expands workplace protection for employees to express milk.
A federal appeals court has ruled that a lawsuit challenging revised “tip” regulations issued by the Labor Department in 2021 should get another look from the trial court in determining whether the regulations should be enjoined.
A federal appeals court has rejected a claim by a group of salaried employees that an employer’s application of a productivity incentive system that could result in deductions from paid time off was not permitted under the Fair Labor Standards Act.
Despite the fact that a worker made more than $200,000 a year, the Supreme Court has ruled that he was entitled to overtime pay because his employer could not show that it complied with the Labor Department’s so-called “salary basis” test under the F
The Labor Department reports that the number of administrative complaints it closed in fiscal year 2022 alleging overtime and minimum wage violations under the Fair Labor Standards Act declined for the 10th straight year.
Employment-related lawsuits filed in federal court dropped for the fourth straight year in FY 2022, with declines especially notable in ADA- and FMLA-related filings.
CWC has filed written comments with the Department of Labor urging the agency to retain the 2021 regulations that articulate the test used for classifying a worker as an employee or an independent contractor under the Fair Labor Standards Act.
MEMBER FEEDBACK REQUESTED. As expected, the Labor Department has proposed new interpretive regulations under the Fair Labor Standards Act that would weigh heavily in favor of an employee versus independent contractor classification determination.
For 40 years, the Labor Department has insisted that to be enforceable, a settlement of Fair Labor Standards Act claims must be supervised by the agency or approved by a federal court. Two recent federal court rulings state that there is nothing in t
A House of Representatives committee has approved a bill that would rewrite the FLSA to significantly expand the law’s disclosure and enforcement provisions. As our memo explains, however, the bill seems more intended as a political statement rather
In a political setback to the Biden Administration, the U.S. Senate has rejected the President’s nomination of former Obama-era Department of Labor Wage and Hour Administrator David Weil to serve in the same position again.
A federal court has ruled that the Biden Administration failed to comply with applicable procedural requirements in attempting to withdraw a helpful employee classification rule issued by the Trump Labor Department. As a result, the Trump rule is in
According to statistics released recently by the Department of Labor, the number of complaints it resolved that were filed by individuals under either the Fair Labor Standards Act or the Family and Medical Leave Act has gone down noticeably in recent
A recent federal appeals court ruling simply confirms that industry-supported revisions to regulations governing joint employment under the Fair Labor Standards Act that were issued in 2020 by the Trump Administration have been rescinded by the Biden
The House of Representatives, on a bipartisan vote, recently approved a bill (the “Providing Urgent Maternal Protection for Nursing Mothers Act”) that would extend and strengthen the right of employees to workplace accommodations in order to express
As expected, the Labor Department has issued a final rule rolling back revisions made by the Trump Administration to the regulations governing employers’ use of the tip credit under the Fair Labor Standards Act. Restoration of the so-called 80-20 rul
The Department of Labor has allowed another portion of the revised “tip” regulations issued at the end of the Trump Administration to go into effect, albeit with changes demanded by worker advocates.
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