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Co-authored by Abigail Cahak and Noah Finkel

Seyfarth Synopsis: The Ninth Circuit has created a circuit split by rejecting the DOL’s interpretation of FLSA regulations on use of the tip credit to pay regularly tipped employees, finding that the interpretation is both inconsistent with the regulation and attempts to create a de facto new regulation.

The Ninth Circuit Court of…
Continue Reading Ninth Circuit Cooks Up Rejection of Servers’ Claims and Sends DOL’s 20% Tip Credit Rule Back to the Kitchen, Creating Circuit Split

Authored by Alex Passantino

While much of Washington, DC, begins its preparations for the inevitable summer slowdown, the Department of Labor’s Wage and Hour Division appears to be ramping up for a summer sure to keep wage and hour lawyers across the country hopping (and likely ruining some planned vacations).

Since WHD’s proposed rule made its way over to OMB’s…
Continue Reading Proposed White Collar Exemption Regulations are Coming . . . Soon (and Other Items of Regulatory Interest)

Authored by Alex Passantino

On Wednesday, Secretary of Labor Thomas E. Perez told a House committee that he hoped the Department’s proposed revisions to the white-collar overtime regulations would be published this Spring.

During a hearing of the House Education and Workforce Committee in which the topic was the President’s FY2016 budget request for the Department of Labor, Secretary Perez…
Continue Reading Proposed Overtime Regulations Slated for “Spring”

Authored by Alex Passantino

Over the past several weeks, we have received an increasing number of questions about the status of the Department of Labor’s revisions to the “white collar” overtime exemptions.  As regular readers know, last March, the President directed the Secretary of Labor to begin the regulatory process on those regulations.  At that time, the President directed the…
Continue Reading Whatever Happened to those Overtime Rules?

Authored by Alex Passantino

Back in May, the Department of Labor announced a target date of November 2014 for publication of a proposed rule on revisions to the Part 541 regulations (pp. 56-57). However, Law 360 reports (subscription required) that Solicitor of Labor Patricia Smith does not believe that the Department will hit their mark.  Rather, Smith “hoped to see…
Continue Reading Regs Keep on Slippin’ Into the Future: Part 541 Rules Expected After Year’s End