On July 22, 2026, the U.S. Department of Labor’s Wage and Hour Administrator issued two Opinion Letters. The letters focus on a common issue facing employers today: when travel involving nonexempt remote or hybrid employees must count as hours worked
Latest from Dykema Labor & Employment Law Blog
NLRB General Counsel Releases Three Advice Memoranda: What Union and Non-Employers Should Know
On June 26, 2026, the National Labor Relations Board (NLRB) released three new Advice Memoranda. These memoranda explain why the NLRB’s Office of the General Counsel decided that the underlying unfair labor practice charges in three cases should not move
Supreme Court’s Flowers Foods Decision: Why Employers Still Have Strong Arguments for Enforcing Arbitration Agreements
Takeaways
- The Supreme Court declined to create a bright-line rule that automatically exempts transportation workers from the Federal Arbitration Act.
- The decision leaves several important questions unresolved, including how the exemption applies in certain business-to-business delivery relationships.
- Despite early headlines,
AI in the Workplace: Legal Risks and Practical Realities
The Current Landscape
Generative artificial intelligence (“AI”) tools are now widely used across the workforce, and the use is dual track, meaning employees are using AI to perform work, while employers are deploying AI-enabled tools to manage and make decisions
Department of Labor Issues Technical Amendment Restoring Pre-2024 Part 541 Regulatory Overtime Exemption Framework
Takeaways
- The current federal salary threshold for most white-collar overtime exemptions remains $684 per week ($35,568 annually) under the reinstated 2019 rule.
- Employers should immediately review exempt employee classifications and compensation practices to ensure compliance with the restored Part 541
The Latest Attempt by the DOL To Adopt Standards on Determining Joint Employer Status Under the FLSA, FMLA, and MSPA
The Department of Labor announced, April 22, 2026, a new Proposed Rule on who can be a joint employer under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Migrant and Seasonal Agricultural Worker Protection
Federal Trade Commission Flexes Its Muscles On Non-Competition Agreements
Despite a relatively high-profile pivot away from a Biden-era rule ostensibly banning non-competition agreements nationwide last year, the Federal Trade Commission recently threatened to come down hard on a large employer in the pest control industry that was indiscriminately requiring
Illinois Supreme Court Rules That Amazon’s Pre-Shift COVID Tests Are Compensable Under Illinois Wage Law
On March 19, 2026, the Illinois Supreme Court clarified that the Illinois Minimum Wage Law (“IMWL”) does not incorporate the Fair Labor Standards Act’s (“FLSA”) exclusions for pre- and post-shift work. The Court’s ruling in Johnson v. Amazon.com Services, LLC,
Understanding the Sixth Circuit’s Decision in Bruce v. Adams & Reese, LLP: A Landmark Interpretation of the EFAA
The Sixth Circuit’s recent decision in Bruce v. Adams & Reese, LLP (No. 25-5210) provides critical guidance on the application of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA). This case clarifies the pleading
Flip-Flop: Feds Announce a Final Rule on Joint Employer Status and a Proposed Rule on Independent Contractor Status
Takeaways
- The National Labor Relations Board has reinstated its 2020 joint employer standard, requiring substantial direct and immediate control over essential terms and conditions of employment to establish joint employer status.
- The U.S. Department of Labor has proposed rescinding its