Tuesday, July 2, 2024

The new minimum weekly salary of $844 for a white-collar employee to qualify for exemption from federal overtime coverage has taken effect except for employees of the state of Texas, based on a federal court’s preliminary injunction.

Wednesday, June 5, 2024

A recent lawsuit filed by the Labor Department against an auto manufacturer and its supplier and the supplier’s staffing company suggests a return to the controversial “fissured workplace” theory, putting employers on notice that the agency is closel

Wednesday, May 22, 2024

Our updated Talking Points are designed to educate your managers and supervisors on the Department of Labor’s 2024 revisions to its “white collar” overtime regulations, and to help them answer questions they may receive about the new requirements.

Wednesday, May 15, 2024

MEMBER FEEDBACK REQUESTED. CWC recently held a Members Only web workshop on the Labor Department’s new white collar overtime regulations, which are currently scheduled to go into effect beginning on July 1, 2024. Our memo summarizes a number of compl

Wednesday, April 24, 2024

CWC WEB WORKSHOP on May 7, 2024. The Biden Administration’s Labor Department has issued revised regulations under the Fair Labor Standards Act that will make thousands of additional salaried white collar workers eligible for overtime pay.

Wednesday, March 13, 2024

The Biden Department of Labor’s new independent contractor rule for worker classification determinations under the FLSA went into effect as scheduled on March 11, 2024, although it is still subject to several legal challenges.

Monday, January 29, 2024

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.

Wednesday, January 17, 2024

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.

Tuesday, January 16, 2024

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

Tuesday, December 12, 2023

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

Wednesday, November 15, 2023

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’

Tuesday, September 5, 2023

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

Monday, July 24, 2023

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.

Wednesday, June 21, 2023

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

Monday, May 22, 2023

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.

Wednesday, May 10, 2023

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.

Monday, April 24, 2023

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.

Tuesday, February 28, 2023

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

Friday, February 24, 2023

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.

Thursday, January 26, 2023

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.

Monday, December 19, 2022

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.

Thursday, October 20, 2022

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.

Monday, September 12, 2022

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

Wednesday, May 25, 2022

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

Monday, April 25, 2022

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.

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