By: Rachel V. See, Christopher J. DeGroff, and Andrew L. Scroggins
Seyfarth Synopsis: The EEOC and the Department of Labor Wage Hour Division (WHD) have taken an important step toward inter-agency coordination, committing to information sharing, joint investigations, training, and public outreach. The Memorandum of Understanding between the EEOC and DOL contemplates referring complaints between the two agencies
Continue Reading EEOC and DOL Join Forces – What the Alliance Means for EmployersBy: A. Scott Hecker
As one does, I was recently reading U.S. DOL Wage and Hour Division (“WHD”) Field Assistance Bulletin (“FAB”) 2023-3 regarding “Prohibitions against the shipment of ‘Hot Goods’ under the Child Labor Provisions of the Fair Labor Standards Act.” You may be disappointed to learn that the term “hot goods” does not appear in the FLSA
Continue Reading U.S. DOL’s Wage and Hour Division Says Cool It With The “Hot Goods”By: Kevin Young, Brett Bartlett, Scott Hecker, Noah Finkel, and Leon Rodriguez
Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and professional employees. While the proposal—the cornerstone of which is a minimum salary
Continue Reading DOL Delivers a Proposed Salary Bump to FLSA Overtime Thresholds for Labor DayTips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep this busy industry informed.
By: Ariel Cudkowicz and Michael Steinberg
Seyfarth Synopsis: After a remand from the Fifth Circuit, a trial court has upheld the
Continue Reading Tips from Seyfarth: Challenge to DOL’s 80/20 Rule Likely to Head Back to the Fifth CircuitBy: A. Scott Hecker and Noah A. Finkel
Seyfarth Synopsis: On June 13, 2023, the Biden Administration announced the release of its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (the 2022 Fall Agenda was issued in January 2023). In connection with the Administration’s new regulatory agenda, the U.S. Department of Labor’s Wage and Hour Division continues to pursue
Continue Reading The Biden Administration Issued Its Spring 2023 Regulatory Agenda . . . in (Late) Spring 2023! What’s in the Works for DOL Rulemaking, Including on a New Minimum Salary for Exempt Employees?By: Andrew McKinley, Kyle Winnick & Alex Simon
Seyfarth Synopsis: This first part of a multi-part series explores the implications of the Department of Labor’s proposed independent contractor rule under the Fair Labor Standards Act. Specifically, it focuses on proposed changes to the control factor concerning legal, safety, contractual, and other similar requirements.
As we detailed here, on
Continue Reading DOL’s Proposed FLSA Independent Contractor Rule: Control—Part IBy: Annette Idalski, Kyle Winnick, A. Scott Hecker, and Ethan Goemann
Seyfarth Synopsis: The Supreme Court held that highly-compensated employees paid solely on a day rate must meet the so-called “reasonable relationship test” to satisfy the salary basis requirement.
In Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court considered whether a day-rate employee earning
Continue Reading Supreme Court Holds That Highly-Compensated Employees Solely Paid a Day Rate Must Meet Reasonable Relationship TestBy: Scott Hecker and Scott Mallery
On this episode of the Policy Matters Podcast, Seyfarth Senior Counsel Scott Hecker and Counsel Scott Mallery discuss the Senate HELP Committee’s recent inability to advance U.S. DOL Wage and Hour Administrator nominee Jessica Looman out of committee, this time due to a procedural hiccup that will likely be remedied. The Scotts discuss what
Continue Reading Policy Matters Podcast – Episode 34: President’s Second Nominee for Wage and Hour Administrator Stuck in Committee…AgainBy: Noah Finkel and Kyle Petersen
Seyfarth Synopsis: The DOL has issued guidance to its staff – that might be relied upon by courts – that any break less than 20 minutes while working from home is compensable time, regardless of the reason for the break.
Especially because this post is being released on a Friday, chances are that you
Continue Reading Not Remotely Helpful: DOL Issues Guidance on Compensability of Teleworking BreaksBy: A. Scott Hecker and Noah A. Finkel
Seyfarth Synopsis: On January 4, 2023, the Biden Administration announced the release of its Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration’s new regulatory agenda, the U.S. Department of Labor’s Wage and Hour Division has a number of ambitious rulemakings on the horizon, including a
Continue Reading The Biden Administration Issued Its Latest Regulatory Agenda – What’s on Tap for DOL in 2023?