Federal Court Vacates 2021 US Department of Labor Final Rule on Tipped Workers
On August 23, 2024, the 5th Circuit Court of Appeals in Texas vacated the US Department of Labor (DOL) 2021 Final Rule which had set strict guidance on the payment of tipped employees. As a reminder, the 2021 Rule had established three different categories of work that may be performed by tipped employees and specified […]
Employers Must Implement First FLSA Exempt Salary Increases on July 1, 2024
Barring a last-minute, successful legal challenge, the Department of Labor’s final rule mandating higher salary levels for exempt employees will take effect Monday, July 1, 2024. On that date, employees whose job duties meet the test for the FLSA’s “white collar exemptions” must be paid a fixed salary of at least $844 per week, or $43,888 per […]
Be Ready on July 1: Initial Increase in Salary Level for Exempt Employees to Take Effect
US Department of Labor (DOL) issued a final rule that substantially increases the minimum salary levels for exempt employees under the Fair Labor Standards Act (FLSA).
US Department Of Labor Raises Salary Thresholds For Exempt Employees
Employers wake up today to a daunting new landscape as they face higher salary requirements for their exempt employees. On April 23, 2024, the US Department of Labor (DOL) issued a final rule that substantially increases the minimum salary levels for exempt employees under the Fair Labor Standards Act (FLSA). If an employee’s job duties and fixed salary level meets […]
New Test for Employee vs. Independent Contractor
As of March 11, 2024, the US Department of Labor (DOL) will return to the analysis it has historically used to classify workers, employing a six-factor balancing test.
Employers: Heed Recent Guidance on PUMP Act
WHD’s recent guidance provides further details about requirements and potential remedies for violation of the Act.
US Department of Labor Issues Final Rule on Tipped Workers
On October 28, 2021, the US Department of Labor (DOL) issued its Final Rule on tipped workers, establishing when tipped employees can be paid less than the federal minimum wage, an issue that has been in a state of flux over the last several years. The Final Rule will take effect on December 28, 2021. […]
Provisions of Final Tip Pool Rule Effective November 23, 2021
The U.S. Department of Labor’s latest final tip pool rule provisions will take effect on November 23, 2021. For further discussion on other provisions of the final rule that were implemented in April 2021, please see Lake Effect’s prior blog on this topic. The following provisions of the final tip pool rule will take effect […]
DOL Withdraws Final Rule on Independent Contractor Status under FLSA
On May 5, 2021, the Department of Labor (“DOL”) announced a new final rule withdrawing the “Independent Contractor Status Under the Fair Labor Standards Act” final rule (Independent Contractor Rule) that had been published on January 7, 2021, to take effect on March 8, 2021. Of note, the DOL is not issuing new federal guidance […]
Major Provisions of Final Tip Pool Rule Become Effective April 30, 2021
Three main provisions of the US Department of Labor’s final tip pool rule take effect April 30, 2021. Other parts of the rule are delayed and could be further revised by the Biden Administration. For a complete discussion of the final rule, issued on December 22, 2020, please see Lake Effect’s prior blog on this […]
