6/17/2025 6:51:34 PM Virginia expands non-compete restrictions to cover all non-exempt employees By Betty Graumlich Noah Oberlander Effective July 1, 2025, the current Virginia statutory restriction on non-competition agreements for “low-wage employees” will expand to...
1/16/2025 8:41:42 PM U.S. Supreme Court resolves circuit split on burden of proof dispute for FLSA exemptions By Betty Graumlich John McDonald Dylan Lembo On January 15, 2025, the U.S. Supreme Court overturned the Fourth Circuit’s decision in E.M.D. Sale, Inc. v. Carrera, and ruled that the...
11/21/2024 10:14:01 PM Texas District Court vacates DOL rule expanding overtime eligibility By Paulo McKeeby Andrew Workman On November 15, 2024, a United States Eastern District Court in Texas struck down a 2024 Department of Labor (DOL) rule that would have...
7/5/2024 3:43:43 PM Federal court challenges to DOL overtime rule yield mixed results while foretelling a merits ruling before end of year By Amanda Brown Joshua Sallmen On July 1, 2024, the first phase of the U.S. Department of Labor (DOL)’s updated overtime rule went into effect, raising the minimum...
6/21/2024 4:10:17 PM U.S. Supreme Court agrees to resolve the split between the Circuits on the burden of proof for FLSA exemptions By Betty Graumlich Noah Oberlander Edrius Stagg The U.S. Supreme Court agreed to review a case on appeal from the Fourth Circuit involving the burden of proof required for an employer...
4/24/2024 3:51:15 PM U.S. Department of Labor mandates two salary threshold increases for white collar FLSA exemptions and a mechanism for future automatic increases By Betty Graumlich Christopher Bouriat Noah Oberlander On April 23, 2024, the U.S. Department of Labor (DOL) announced a final regulatory rule that will raise the minimum salary threshold for...
1/12/2024 5:30:31 PM Navigating the labor landscape: Department of Labor announces final rule on independent contractors By Christopher Bouriat Wendy Choi On January 10, 2024, the U.S. Department of Labor (DOL) published its final independent contractor rule in the Federal Registrar in an...
5/5/2021 7:55:09 PM Department of Labor withdraws pro-business independent contractor final rule By Mark Goldstein Mark Phillips Saranne Weimer As we previously reported here and here, in January 2021 the U.S. Department of Labor (DOL) proposed a business-friendly final rule...
9/24/2020 1:02:16 PM U.S. Department of Labor proposes new “reality” for classifying independent contractors By Mark Goldstein Leora Grushka This week, the U.S. Department of Labor (DOL) proposed a new rule that would create a uniform approach to the way companies classify...
9/23/2020 1:55:14 PM DOL issues new final rule and updated guidance for employers who use the fluctuating workweek method to calculate overtime By Michael Correll Michael Lombardino On May 20, 2020, the U.S. Department of Labor (DOL) published a final rule explaining that bonuses and other incentive payments—paid in...
9/9/2020 8:40:40 PM New York federal judge nixes U.S. Department of Labor’s new “joint employer” rule By Mark Goldstein Leora Grushka Earlier this year, the U.S. Department of Labor (DOL) issued a rule updating its interpretation of the “joint employer” doctrine under...
7/6/2020 1:58:34 PM Are your sales employees exempt? DOL provides guidance in three new opinion letters By Michael Correll Brian Morris Amy Harwath The Department of Labor’s (DOL’s) Wage and Hour Division recently issued three new opinion letters addressing the Fair Labor Standards...
6/30/2020 5:09:49 PM Pursuit of pre-litigation liquidated damages no longer the DOL’s default policy By Michael Correll Michael Lombardino Joseph Mammone The U.S. Department of Labor, Wage and Hour Division (WHD) recently announced it will no longer automatically pursue pre-litigation...
4/23/2020 12:14:31 PM Fifth Circuit examines the job duties required for the highly-compensated employee exemption from overtime pay under the FLSA By Peter Stuhldreher Paul Knettel The Fair Labor Standards Act (FLSA) exempts certain highly-compensated employees (HCEs) from the requirement that they receive overtime...
2/24/2020 2:18:03 PM Fifth Circuit clarifies when improper pay deductions make an employee ineligible for exemptions from overtime under the FLSA By Paul Knettel Peter Stuhldreher The Fair Labor Standards Act (FLSA) exempts employees with certain executive, administrative, or professional job duties from the...
1/14/2020 7:53:14 PM DOL makes historic, pro-business changes to FLSA joint employer test By Raenn Burgo Jay Glunt On January 12, 2020, the U.S. Department of Labor (DOL) issued its final rule updating and revising its interpretation of joint employer...