Seyfarth Synopsis: The U.S. Department of Labor has officially revived its Payroll Audit Independent Determination (PAID) program. Designed to help employers proactively resolve FLSA issues—and now, for the first time, certain FMLA violations—the renewed program offers potential benefits but comes with conditions and risks that require careful navigation.
On July 24, 2025, the DOL’s Wage and Hour Division (WHD) announced
Continue Reading PAID Back: DOL Revives Voluntary Self-Audit Program
Seyfarth Synopsis: The freshly enacted “One Big Beautiful Bill” introduces two above-the-line tax deductions for tips and overtime wages. While these deductions offer potential savings for eligible workers, they come with new compliance obligations and nuanced legal considerations that employers will need to navigate carefully.
With Sharpie in hand and military jets overhead, President Trump marked Independence Day by signing
Continue Reading 1 Big Bill + 2 New Deductions = Multiple New Challenges
Seyfarth Synopsis: The DOL’s Wage and Hour Division just scrapped its policy of seeking liquidated damages (double damages) in FLSA investigations. Why? Because it probably didn’t have the statutory authority in the first place, and doing so slowed down resolutions. Going forward WHD investigators are no longer allowed to demand liquidated damages in administrative settlements.
The U.S. DOL‘s Wage and
Continue Reading WHD Makes it Clear: Double Damages are (Liqui)DatedSeyfarth Synopsis: In a welcome development for employers navigating complex federal employment laws, the U.S. Department of Labor has announced the re-launch of its opinion letter program across several agencies, including the Wage and Hour Division (WHD). The move may also reflect a broader shift in how the DOL will leverage its potentially reduced resources—aiming to maximize impact through a
Continue Reading “Dear DOL”: Labor Department Re-Launches Opinion Letter Program
Seyfarth Synopsis: A federal district judge has vacated the U.S. DOL’s 2024 rulemaking increasing the minimum salary employers must pay to exempt executive, administrative, and professional employees. That minimum now reverts to an annualized threshold of $35,568, and $107,432 in total pay for the highly compensated employee exemption. While current DOL leadership may appeal, it is highly unlikely that the
Continue Reading 2016 All Over Again: Texas Judge Rejects FLSA Exemption Salary Hike, Restores $35,568 Minimum
Seyfarth Synopsis: On September 11, 2024, a panel of the U.S. Court of Appeals for the Fifth Circuit held in Mayfield v. U.S. Department of Labor that the Secretary’s salary tests for evaluating overtime exemptions are valid and do not exceed the Department of Labor’s authority under the Fair Labor Standards Act (“FLSA”).
Robert Mayfield, a Texas-based fast-food purveyor, challenged
Continue Reading Fifth Circuit Ruling: 2019 Salary Threshold Increase Did Not Exceed Authority
Seyfarth Synopsis: The DOL’s revised overtime exemption rule takes effect today, July 1, 2024. While several lawsuits are challenging the rule, a last-minute injunction was ultimately granted for only one employer: the State of Texas. The rule is in effect for all other businesses, including businesses in Texas.
In April 2024, the U.S. Department of Labor published its
Continue Reading Injunction Party of One: New OT Rule Takes Effect for All Employers…Except the State of Texas
Seyfarth synopsis: Today, the U.S. DOL unveiled its final overtime rule. The rule significantly increases the minimum salary for so-called “white collar” employees to be exempt from the federal FLSA’s overtime pay requirements. This development requires attention from virtually all employers.
The DOL’s final overtime rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees
Continue Reading U.S. DOL Releases Final Overtime Rule—Effective July 2024
By Kevin M. Young and Scott P. Mallery
Seyfarth Synopsis. Democrats in the U.S. House and Senate have reintroduced a bill to increase the federal minimum wage to $15 for virtually all non-exempt workers. While the “Fight For Fifteen” has made several trips to Congress before, the circumstances are much different this time around. While the proposed law likely won’t
Continue Reading The Fight For $15 Returns to Congress
By Ariel Fenster and Kevin Young
Seyfarth Synopsis. In the final hours of 2020, the U.S. DOL’s Wage & Hour Division issued an opinion letter containing guidance on the compensability of time commuting to the office, or tending to personal matters, for employees primarily working from home. While fact-specific, the letter offers a glimpse into WHD’s current thinking on increasingly
Continue Reading New Year’s Gift From WHD: Guidance on Continuous Workday Rule in the WFH Era