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
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Labor Secretary Walsh Expected to Leave DOL for NHL
Although not yet officially announced, Secretary of Labor Marty Walsh is expected to leave the Biden Administration soon, to become the Executive Director of the National Hockey League (NHL) Players Association. Secretary Walsh has served as the head of the
White House Re-Nominates Acting DOL Wage & Hour Administrator to Lead Division
On January 23, 2023, President Biden re-nominated Jessica Looman to formally become the next Director of the Wage and Hour Division (WHD) of the Department of Labor (DOL). Ms. Looman originally was nominated for the position in August 2022 and
2022 State Elections Result in Several Minimum Wage Changes
During the November 2022 elections, voters in several locations across the country approved minimum wage increases. Most notably:
- District of Columbia voters passed the Tip Credit Elimination Act, which, by 2027, will result in the elimination of the tip credit
Pandemic-Related Wage and Hour Claims a Focus of JL’s Latest Class Action Trends Report
Since the COVID-19 pandemic began, thousands of pandemic-related lawsuits, including hundreds of putative class or collective actions, have been filed — and the number continues to grow. A large percentage of those lawsuits involve wage and hour claims, centered around
DOL Issues 15-Day Extension of Comment Deadline for Proposed Independent Contractor Rule
On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM), seeking to revise the standard for determining whether a worker is an employee or “independent contractor” under the Fair Labor Standards Act
Supreme Court Considers Whether “Highly Compensated” Employees Paid on a “Day Rate” Basis Are Overtime-Exempt Under FLSA
On October 12, 2022, the Supreme Court held oral argument to address the decision of the U.S. Court of Appeals for the Fifth Circuit in Hewitt v. Helix Energy Sols. Group, Inc., 15 F.4th 289 (5th Cir. 2021), cert. granted,
Washington Updates Guidance On 2023 Pay Transparency Requirements
Cable Technicians Were Exempt Commissioned Employees, Fifth Circuit Concludes
Although the plaintiff cable technicians, who were paid by the completed job and not by the hour, were covered employees under the Fair Labor Standards Act (FLSA), they nonetheless were bona fide commissioned employees and therefore exempt from the overtime
Farm Animal Enclosure Construction Worker Not Penned In by FLSA’s Agricultural Exemption, 7th Circuit Holds
The mere fact that the plaintiff was building livestock enclosures on farms did not necessarily preclude his entitlement to overtime pay under the agricultural exemption of the Fair Labor Standards Act (FLSA), the Seventh Circuit Court of Appeals has held.