New York Labor And Employment Law Report

New York Labor And Employment Law Report

Tag Archives: U.S. Department of Labor

U.S. Department of Labor Issues Request for Information on White Collar Exemption Regulations

Posted in Wage and Hour
Today, July 26, 2017, the U.S. Department of Labor (“USDOL”) published a Request for Information (“RFI”) in the Federal Register regarding the regulations defining the Fair Labor Standards Act (“FLSA”) exemptions for executive, administrative, professional, outside sales, and computer employees.  Public comments can be submitted by any of the methods set forth in the RFI by September 25, 2017.… Continue Reading

Fifth Circuit Court of Appeals Grants USDOL’s Request to Expedite the Appeal

Posted in Wage and Hour
Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the USDOL’s request to expedite its appeal from the preliminary injunction order issued by the U.S. District Court for the Eastern District of Texas, preventing the new white collar exemption regulations from being implemented.  Under the Fifth Circuit’s schedule for the appeal, the USDOL… Continue Reading

U.S. District Court in Texas Issues Nationwide Injunction Preventing New Overtime Rule From Taking Effect

Posted in Wage and Hour
Today, the U.S. District Court for the Eastern District of Texas issued a nationwide injunction preventing the U.S. Department of Labor from implementing its regulations revising the white collar exemptions.  Therefore, the increase in the minimum salary level to $913.00 per week that was expected to go into effect on December 1 will not occur on… Continue Reading

A Quick Update Regarding the Lawsuits Challenging the USDOL’s White Collar Exemption Regulations

Posted in Wage and Hour
As we previously reported, 21 states filed a lawsuit on September 20 against the U.S. Department of Labor in the U.S. District Court for the Eastern District of Texas, challenging the USDOL’s revisions to the white collar exemptions under the Fair Labor Standards Act.  On that same day, several business groups filed their own lawsuit… Continue Reading

21 States File a Lawsuit Challenging the USDOL’s Revisions to the White Collar Exemptions

Posted in Wage and Hour
On September 20, 21 states filed a lawsuit against the U.S. Department of Labor in the U.S. District Court for the Eastern District of Texas, challenging the USDOL’s revisions to the white collar exemptions under the Fair Labor Standards Act.  In the lawsuit, the states are seeking a declaratory judgment that the USDOL violated the… Continue Reading

USDOL Issues Final Regulations Revising the FLSA White Collar Exemptions

Posted in Wage and Hour
The U.S. Department of Labor recently issued its final regulations revising the white collar exemptions under the Fair Labor Standards Act.  Although the final regulations significantly raise the salary threshold for the administrative, professional, executive, and computer employee exemptions, employers can take some solace in the fact that the increase is actually lower than the… Continue Reading

Start Preparing Now for Wage and Hour Changes on the Horizon

Posted in New York Law, Wage and Hour
As we have previously reported on this blog, and as most of you are well aware, the U.S. Department of Labor has published its highly-anticipated proposed revisions to the “white collar” exemptions under the Fair Labor Standards Act (“FLSA”).  The proposed rule would increase the required salary level for exempt employees to a projected $50,440… Continue Reading

Public Comment Period on DOL’s Proposed “White-Collar” Exemption Regulations Closes

Posted in Wage and Hour
As the public comment period closed on the U.S. Department of Labor’s proposed revisions to the “white collar” exemptions under the Fair Labor Standards Act (“FLSA”), the Wage & Hour Defense Institute (“WHDI”), a national organization comprised of wage and hour attorneys from across the United States, submitted comments pointing out the seriously flawed aspects… Continue Reading

D.C. Circuit Court of Appeals Upholds USDOL’s Revised Regulations on the “Companionship Exemption” Under the FLSA

Posted in Wage and Hour
On August 21, the United States Court of Appeals for the District of Columbia Circuit upheld the U.S. Department of Labor’s revisions to the “companionship exemption” under the Fair Labor Standards Act, and reversed two decisions issued by the U.S. District Court for the District of Columbia that struck down those revisions.  The USDOL’s revised… Continue Reading

USDOL Issues Guidance Regarding Misclassification of Employees as Independent Contractors

Posted in Wage and Hour
On July 15, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued Administrator’s Interpretation No. 2015-1, which provides guidance regarding the misclassification of employees as independent contractors.  According to the WHD Administrator’s Interpretation, “most workers are employees” under the Fair Labor Standards Act (“FLSA”).… Continue Reading

USDOL’s Proposed Revisions to the Exemption Regulations Significantly Increase Salary Requirements, But Leave Duties Requirements Untouched

Posted in Wage and Hour
The U.S. Department of Labor released its highly anticipated proposed rule on the Fair Labor Standards Act white-collar overtime exemptions today, along with a fact sheet summarizing the proposed rule.  The proposed rule more than doubles the salary requirement to qualify for the executive, administrative, professional, and computer employee exemptions from the current level of $455 per week to… Continue Reading

An Update on the U.S. Department of Labor’s Agenda

Posted in Wage and Hour
Jennifer Brand, Associate Solicitor of Labor, spoke at the American Bar Association Federal Labor Standards Legislation Committee’s Mid-Winter Meeting on February 26.  Ms. Brand provided an update on important USDOL initiatives and activities.  Ms. Brand discussed recent litigation involving interns and confirmed that the USDOL still believes the six factors outlined in its Fact Sheet #71… Continue Reading

D.C. Court Strikes Down Two USDOL Regulations and Restores Full “Companionship Exemption” Under the FLSA

Posted in Wage and Hour
In a victory for Home Care employers, the U.S. District Court for the District of Columbia issued consecutive decisions which struck down two regulations issued by the U.S. Department of Labor (“USDOL”) that would have eviscerated the “companionship exemption” contained in the Fair Labor Standards Act (“FLSA”). The two USDOL regulations enacted in late 2013… Continue Reading