Much like the season’s unpredictable snowstorms, recent developments in New York’s state and local employment laws have arrived quickly and with the potential to disrupt even the most carefully charted workplace policies. This year’s regulatory forecast calls for more than just sturdy boots to ensure your organization doesn’t slip on the latest changes. Read on … Continue Reading
The U.S. Department of Labor (DOL) has once again proposed a significant change to the federal standard for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA), as well as the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act … Continue Reading
In response to economic pressures, many private employers are exploring ways to reduce labor costs. Whether the approach involves reducing hours, implementing furloughs, or conducting layoffs, it is essential for companies, especially those operating in multiple states, to understand the legal environment.… Continue Reading
In a landmark agreement, Starbucks Corporation has agreed to pay nearly $39 million to resolve allegations that it violated New York City’s Fair Workweek Law, sending a powerful message to employers nationwide about the risks of ignoring local predictive scheduling requirements. The settlement, announced by the city’s Department of Consumer and Worker Protection (DCWP) on … Continue Reading
The 2025 legislative cycle in California once again produced several bills that substantially expand and reform employer obligations in the Golden State. These laws add new workplace notice requirements, broaden leave and rehiring protections, expand personnel file and recordkeeping obligations, and modify rules governing pay transparency, independent contractor status, and labor relations. Most provisions take … Continue Reading
Since the enactment of the “One Big Beautiful Bill Act” (OBBBA) on July 4, 2025, employers have awaited guidance on recordkeeping and reporting obligations related to the law’s “no tax on tips” and “no tax on overtime” deductions. The IRS has now announced that, for the 2025 tax year, employers will not be penalized for … Continue Reading
This summer, the U.S. Department of Labor (DOL) came in hot, making — and proposing to make — changes to workplace rules that could affect employers of all industries. The DOL of the new administration is certainly diving right in, but do employers need to sweat the changes? This post breaks down the new and … Continue Reading
Home care agencies and other third-party employers may soon be able to reclaim the Companionship Services and Live-In Exemptions for caregivers and other domestic service employees, after more than a decade of exclusion, due to a recent proposal by the U.S. Department of Labor, Wage and Hour Division (DOL), to rescind its 2013 final rule … Continue Reading
The “One Big Beautiful Bill Act” (OBBBA), the sweeping, comprehensive budget legislation enacted on July 4, 2025, seeks to fulfill several key campaign promises of President Donald Trump. Among those promises, the OBBBA makes good on Trump’s pledge to reduce taxes on tips and overtime for workers. Employers with tipped workers, particularly those in the hospitality … Continue Reading
It’s that time of year again. Tens of thousands of high school, college, and graduate students will descend on employers this summer, looking to gain practical work experience in the various fields in which they have interest. Employers hosting interns this summer, or considering it in the future, need to be aware that hosting interns … Continue Reading
On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the Fair Labor Standards Act (FLSA). Going forward, the DOL will apply the framework set forth in a 2008 DOL Fact … Continue Reading
Multistate employers are likely already aware of challenges in tracking and complying with various state and local laws governing pay transparency in the recruitment and hiring process. Now, even as Diversity, Equity, and Inclusion (DEI) initiatives may be under the microscope at the federal level, more states are coming on line with pay transparency laws … Continue Reading
As part of a program dating back to 1938, the little-spoken-about Section 14(c) of the Fair Labor Standards Act (FLSA) includes a provision that allows employers to obtain certificates from the U.S. Department of Labor (DOL) authorizing them to pay subminimum wage to workers with disabilities that impair the worker’s productivity for the work being … Continue Reading
The gig economy continues to prosper, fueled by some recent legal wins, which have been delivered at a crucial juncture for businesses reliant on the flexibility and cost efficiencies that come with classifying workers as independent contractors. These victories are not merely legal milestones — they are critical indicators of how companies can strategically navigate … Continue Reading
With the upcoming change in administration, we expected that the U.S. Department of Labor’s (DOL) 2024 Overtime Rule ultimately would be cast aside, but the timing of the January 1, 2025 salary level increase before Inauguration Day was slated to be a potential headache for employers. A federal court in Texas has just invalidated the … Continue Reading
Employers with tipped employees are constantly trying to keep up with the ever-changing and evolving tip credit rules promulgated by the United States Department of Labor (DOL) — specifically, what is known as the 80/20 rule. However, a recent federal appeals court has given the 80/20 rule the pink slip, and it may not be … Continue Reading
In a lightning-fast deal brokered by Governor Gavin Newsom, California lawmakers enacted significant amendments to PAGA, California’s so-called “sue-your-boss” law that deputizes millions of workers across the state to bring labor law enforcement actions against their employers. The amendments, which passed both assembly houses unanimously after attracting broad support from employer groups as well as … Continue Reading
Based upon a recent ruling by the U.S. Supreme Court, federal regulatory agencies are no longer entitled to deference as to their interpretation of a statute that is ambiguous, and federal courts are now compelled to exercise their independent judgment in deciding if an agency acted within its statutory authority. While the Supreme Court was … Continue Reading
As expected, the first lawsuits have been filed to challenge a new Department of Labor (DOL) “Overtime Rule” that significantly raises the minimum salary threshold for the exempt, administrative, and professional (EAP) and highly compensated employee (HCE) overtime exemptions under the Fair Labor Standards Act. The new rule is intended to take effect today, July … Continue Reading
The U.S. Department of Labor’s long-awaited final “Overtime Rule” is here, and it brings drastic changes to requirements employers must follow for paying salaried employees exempt from overtime. Under the Final Rule, which takes effect July 1, 2024, earnings thresholds that determine workers’ exemption from federal overtime laws will see two big increases in the … Continue Reading
This January marked the 15th anniversary of the Lilly Ledbetter Fair Pay Act of 2009, providing a good moment for the federal government to propose new rules aimed at increasing gender pay equity in federal contracting and federal government employment. The new rules announced by the White House are expected to require covered government contractors … Continue Reading
Following up on our previous blog post about the DOL’s Proposed Rule raising minimum salary thresholds for exempt workers, we are now getting closer to game time. The DOL recently submitted a proposed Final Rule through the administrative pipeline, bringing the rule one step closer to publication. In fact, employers can now expect a final … Continue Reading
Fulfilling a campaign promise for President Joe Biden, the United States Department of Labor (DOL) sent employers New Year’s greetings by opening 2024 with a new final rule on independent contractor classifications, revising the economic realities test that determines those classifications. Is Biden’s campaign promise to create a more stringent, California-like “ABC” worker classification test … Continue Reading
Courts have been dancing away from the two-step process for certification of collective actions under the Fair Labor Standards Act (FLSA), and the 6th Circuit is the latest to join the trend. In a recent decision that could have significant impact on the future of FLSA collective actions, the 6th Circuit has borrowed a “strong … Continue Reading
