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 salaryContinue Reading DOL Delivers a Proposed Salary Bump to FLSA Overtime Thresholds for Labor Day
Tips 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.
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 Circuit
Seyfarth Synopsis: This latest installment in our series on the Department of Labor’s proposed independent contractor rule under the Fair Labor Standards Act focuses on proposed changes to the profit-or-loss analysis as it relates to workers’ investments in their businesses.
A hallmark of independent contractor status is the ability to exercise…Continue Reading DOL’s Proposed FLSA Independent Contractor Rule: Investment as Indicative of Profit and Loss
Seyfarth Synopsis: On April 14, 2023, we attended a webinar presented by U.S. DOL Solicitor Seema Nanda, DOL Wage and Hour Division Principal Deputy Jessica Looman, DOL Occupational Safety and Health Administration Assistant Secretary Doug Parker, National Labor Relations Board General Counsel Jennifer Abruzzo…Continue Reading Looking to Prevent and Address Workplace Retaliation, Government Leaders from DOL, NLRB, and EEOC Present Employers with “Best Practices”
Seyfarth Synopsis: Illinois joined the exclusive club of now three states that require employers to offer paid leave for any reason when Governor J.B. Pritzker signed the Paid Leave for Workers Act last week. The Act takes effect on January 1, 2024. Illinois employees will be entitled to earn and use at least 40 hours of paid…Continue Reading Paid Leave For Any Reason Now A Reality In Illinois
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…Again
As the FLSA landscape continues to evolve, Seyfarth’s national Wage and Hour Litigation practice group is pleased to share our observations and analysis of the 2022 FLSA litigation trends as well as our forward-looking predictions for 2023. Given FLSA litigation trends over the past decade or so, we anticipate that the volume, locations, and substance of filings in 2023 will…Continue Reading Now Available! 2022 FLSA Litigation Metrics & Trends
Seyfarth Synopsis: On December 10, 2021, the White House and U.S. Department of Labor confirmed their plan to propose new rules to increase the salary threshold for exempt employees under the FLSA and “modernize” the prevailing wage rules that apply to many federal government contractors and subcontractors. The rulemaking …
Continue Reading On Deck for ’22: Exempt Salary Level Increases and Prevailing Wage Changes
Seyfarth Synopsis: The U.S. DOL has suspended its “continuous workday” rule for employees working from home as a result of COVID-19. This development has important implications for how small businesses may schedule and compensate non-exempt employees working from home due to the pandemic.
The wave of new law, new guidance on that law, and…
Continue Reading WFH is the New Black, Part 2: The DOL Presses Pause on the “Continuous Workday” Rule
Seyfarth Synopsis: On April 1, 2019, the U.S. DOL announced a proposed rule to clarify joint employment under the FLSA. The rule would establish a four-factor balancing test for joint employer status. It also rejects various factors that have fueled recent litigation, e.g., a worker’s economic dependence on a potential joint employer, the potential employer’s business model, and its unexercised power over the worker.
This is the third proposed rule that the DOL has issued in a month’s time. Like the other proposals (concerning overtime exemptions and the regular rate of pay), this rule—if adopted—should provide welcome clarity for many businesses. This is particularly true for those most targeted by joint employment litigation, such as franchisors, staffing agencies, and businesses with subsidiaries or affiliates.Continue Reading April Rules: DOL Continues Rulemaking Sprint With New Proposed Joint Employment Standard