In 2018, the Michigan legislature adopted, and then within the same legislative session amended, two voter-approved ballot initiatives, one to significantly raised Michigan’s minimum wage and the other to expand employer obligations to provide paid sick leave. In 2022, the
Wage & Hour Law Update
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Department of Labor Sets August 2023 as Current Anticipated Release Date for Proposed Overtime Rule
According to the latest report from the U.S Department of Labor (DOL) regarding its regulatory agenda, released this week, the DOL has now set the publication of the new proposed Overtime Rule for August 2023. However, given the current status…
Dismissal Without Prejudice of Named Plaintiff’s FLSA Claims Does Not Toll Limitations Period for Such Claims, Eleventh Circuit Holds
A named plaintiff who files a collective action for overtime pay under the Fair Labor Standards Act (FLSA), and whose individual claims are dismissed without prejudice because the district court lacks jurisdiction over the plaintiff’s former employer, is not entitled…
U.S. Department of Labor Further Delays Release of Independent Contractor Final Rule
In a June 9, 2023 filing with the U.S. Court of Appeals for the Fifth Circuit, the U.S. Department of Labor (DOL) stated that its Independent Contractor (IC) Final Rule, addressing the standard for determining whether a worker is an…
Labor Secretary Nominee Survives Committee Vote
By an 11-10 vote, Labor Secretary nominee Julie Su barely garnered the approval of the Senate Committee on Health, Education, Labor, and Pensions, but her chances of success before the full Senate remain unknown.
Recently, we reported that a number…
Biden’s Labor Secretary Nominee Faces Scrutiny, Reveals Position on Independent Contractor and Joint Employer Policies
Labor Secretary nominee Julie Su continues to face close scrutiny by Republican members of the Senate Committee on Health, Education, Labor, and Pensions, at least some of whom believe she is not qualified for the position. Notably, however, during the…
First D.C. Tip Credit Elimination Act Measures Soon to Become Effective
Beginning May 1, 2023, the hourly minimum wage for tipped employees in the District of Columbia will increase from $5.35 to $6.00. This increase is the first step in the eventual elimination of the tip credit altogether in the District.…
PTO Deductions Are Not “Salary” Under the FLSA, Third Circuit Holds
In an issue of first impression, the U.S. Court of Appeals for the Third Circuit held that paid time off (“PTO”) is not a form of salary under the Fair Labor Standards Act (“FLSA”) and, therefore, deductions from a salaried…
President Biden to Nominate Julie Su as New Secretary of Labor
In the wake of the recently-announced and imminent departure of Secretary of Labor Marty Walsh for the National Hockey League Players Association, President Biden is expected to nominate Deputy Secretary of Labor Julie Su as Walsh’s successor to head the…
DOL Issues Internal Guidance on Telework Under the FLSA & FMLA
The U.S. Department of Labor (DOL) has issued guidance on the application of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) to employees who telework from home or from another location away from the employer’s…