FLSA

Memo
23-102
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.


Memo
23-094
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.


Memo
23-081
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.


Memo
23-045
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


Memo
23-041
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.


Memo
23-021
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.


Memo
22-236
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.


Memo
22-199
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.


Memo
22-171
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


Memo
22-100
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


Memo
22-078
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.


Memo
22-055
Tuesday, March 22, 2022

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


Memo
22-038
Thursday, February 24, 2022

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


Memo
21-227
Wednesday, November 17, 2021

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


Memo
21-215
Wednesday, November 3, 2021

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


Memo
21-214
Wednesday, November 3, 2021

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


Memo
21-189
Monday, September 27, 2021

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.


Memo
21-169
Thursday, August 26, 2021

CWC has filed written comments with the Department of Labor opposing a new impractical test that DOL is proposing that will deter use of the so-called tip credit. Instead, our comments urge retention of a provision in last year’s revised tip regulati


Memo
21-155
Thursday, August 5, 2021

As expected, the Biden Labor Department has formally rescinded revised FLSA regulations issued by the Trump Administration that were designed to provide helpful guidance to employers and the courts on the standards that apply for determining whether


Memo
21-148
Tuesday, July 27, 2021

The Labor Department has issued proposed rules to implement a Biden Executive Order issued in April that increases the minimum wage on covered federal contracts to $15 an hour beginning on January 30, 2022.


Memo
21-052
Monday, March 8, 2021

A new Labor Department regulation that would give employers helpful guidance on how to make employee/independent contractor classifications under the Fair Labor Standards Act has been put on hold by the Biden Administration. CWC urged DOL to let the


Memo
20-229
Wednesday, November 18, 2020

The Department of Labor has issued two new opinion letters applying the Fair Labor Standards Act’s training and travel time regulations to a number of different scenarios.


Memo
20-218
Monday, November 2, 2020

Under a 2015 bill approved by Congress, statutory fines under many federal laws are adjusted upwards on an annual basis for inflation. Our memo lists adjusted current penalty amounts for a number of employment-related violations.


Comments and Testimony
20-215
Wednesday, October 28, 2020

CWC has filed a comment letter with the Department of Labor strongly supporting the agency’s proposed interpretive rule for determining whether an individual is an employee or an independent contractor.


Memo
20-189
Friday, September 25, 2020

In a long-awaited regulatory action, the Labor Department is proposing to adopt a new “interpretive” rule for determining whether an individual is an employee or an independent contractor under the Fair Labor Standards Act. CWC will be submitting com


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