On May 1, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin announcing that the Wage and Hour Division (WHD) will no longer enforce the 2024 independent contractor Final Rule previously established by the Biden administration for purposes of complying with the Fair Labor Standards Act (FLSA). Continue Reading DOL Announces Enforcement Position on Independent Contractor Rule
Wage and Hour Law and Practice
DoorDash Wage Dispute and Impact on Gig Economy
I was quoted in an article for Law360 Employment Authority discussing DoorDash wage disputes following the recent $17 million settlement agreement with the state’s Office of Attorney General’s Labor Bureau over stolen tips.Continue Reading DoorDash Wage Dispute and Impact on Gig Economy
Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions
A unanimous Supreme Court recently clarified the burden of proof an employer must meet to establish that an employee is exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). Prior to this decision, some courts had imposed a more difficult clear-and-convincing standard of proof. But, the Supreme Court made clear that the preponderance-of-the-evidence standard of proof applies.Continue Reading Supreme Court Clarifies Employer’s Burden of Proof Standard for Establishing Overtime Exemptions
Navigating 2025 Pay Transparency Laws: What Employers Need to Know Across States
Massachusetts, Minnesota, New Jersey and Vermont have each enacted pay transparency laws which are effective in 2025 and Illinois amended its Equal Pay Act to include pay transparency requirements effective as of January 1, 2025. Enactment of pay transparency laws and equal pay laws is trending across the nation, as a means for states to address the ongoing concern of gender and minority-based pay disparities.Continue Reading Navigating 2025 Pay Transparency Laws: What Employers Need to Know Across States
Federal Judge Strikes Down Increased FLSA Salary Basis Threshold
A federal judge in Texas recently ruled that the Department of Labor (DOL) did not have the authority to increase the salary basis threshold for the so-called “white-collar” exemptions from overtime. This ruling means that the new rule has been vacated nationwide, will not go into effect, and the previous increase has been rescinded. Continue Reading Federal Judge Strikes Down Increased FLSA Salary Basis Threshold
Insight for Law360 on Rideshare Wage Actions
I was quoted in an article on Law360 Employment Authority examining state attorneys general lawsuits against rideshare companies Uber and Lyft regarding worker classifications. The story follows the one-year anniversary of a $328 million settlement reached with both companies in New York.Continue Reading Insight for Law360 on Rideshare Wage Actions
Are You in Compliance with the New FLSA Salary Threshold?
We previously posted here regarding a July 1, 2024, increase in the salary threshold for overtime exemptions under the Fair Labor Standards Act (FLSA). Despite multiple legal challenges to the Department of Labor’s 2024 Rule, most of which remain pending, the 2024 Rule is now in effect for all private employers. Continue Reading Are You in Compliance with the New FLSA Salary Threshold?
DOL Announces Final Overtime Rule Increasing Salary Threshold
The U.S. Department of Labor (DOL) announced a Final Rule increasing the salary threshold for Fair Labor Standards Act (FLSA) overtime exemptions, a move which the DOL anticipates will result in around four million additional workers becoming eligible for overtime pay. Continue Reading DOL Announces Final Overtime Rule Increasing Salary Threshold
Can a Non-Employee Join a Safety Inspection? Yes, Under OSHA’s New Worker Walkaround Rule a Non-Employee Can Serve As an Employee Representative During Safety Inspections
On April 1, the Occupational Safety and Health Administration (OSHA) published its Worker Walkaround Representative Designation Process Rule, which is set to take effect 30 days after its publication in the Federal Register on May 31, 2024. The new rule broadens workers’ rights to choose who represents them during safety inspections, overwriting an old standard that required the representative to be a fellow employee and opening the door for outside representatives such as those from unions.Continue Reading Can a Non-Employee Join a Safety Inspection? Yes, Under OSHA’s New Worker Walkaround Rule a Non-Employee Can Serve As an Employee Representative During Safety Inspections
Top Five 2024 Employee Policies and Issues Check Up
As we enter 2024, there are a few employment law issues to keep top of mind. Below is a list of the top five HR policies and key issues to review as we head into the New Year:Continue Reading Top Five 2024 Employee Policies and Issues Check Up