In October, the U.S. Supreme Court heard oral argument in a case analyzing whether employers can claim overtime exemption under the Fair Labor Standards Act (“FLSA”) for highly compensated workers who are not paid a weekly or annual salary. In [...]
On April 29, 2019, the U.S. Department of Labor issued a new opinion letter regarding the independent contractor / employee distinction under the Fair Labor Standards Act (FLSA). In opinion letter FLSA2019-6, the Department’s Wage and Hour Division (WHD) addresses [...]
In an earlier post, we analyzed the Supreme Court’s holding in Epic Systems Corp. v. Lewis, which held that employers may include in employment agreements arbitration provisions that require employees to arbitrate their disputes individually rather than through a collective [...]
In a prior post, we reported that two U.S. Courts of Appeals had rejected the Department of Labor’s test for analyzing whether an individual qualifies as an unpaid intern. On Friday, January 5, 2018, the DOL scrapped its own test, [...]
A federal judge has struck down an Obama administration rule that would have extended overtime eligibility to more than 4 million white collar workers. As discussed in our prior post, the new rule would have dramatically narrowed the “executive, administrative, [...]
Since May, employers have been scrambling to identify employees who will no longer qualify as overtime exempt under the Department of Labor’s new rules, scheduled to go into effect on December 1, 2016. On November 22, 2016, however, Texas District [...]
On May 18, 2016, the U.S. Department of Labor published a new final overtime rule that will take effect on December 1, 2016, and which is expected to extend overtime pay eligibility to approximately one in five U.S. workers who [...]
