FLSA

Memo
22-100
Wednesday, May 25, 2022

A House of Representatives committee has approved a bill that would rewrite the FLSA to significantly expand the law’s disclosure and enforcement provisions. As our memo explains, however, the bill seems more intended as a political statement rather


Memo
22-055
Tuesday, March 22, 2022

A federal court has ruled that the Biden Administration failed to comply with applicable procedural requirements in attempting to withdraw a helpful employee classification rule issued by the Trump Labor Department. As a result, the Trump rule is in


Memo
22-038
Thursday, February 24, 2022

According to statistics released recently by the Department of Labor, the number of complaints it resolved that were filed by individuals under either the Fair Labor Standards Act or the Family and Medical Leave Act has gone down noticeably in recent


Memo
21-227
Wednesday, November 17, 2021

A recent federal appeals court ruling simply confirms that industry-supported revisions to regulations governing joint employment under the Fair Labor Standards Act that were issued in 2020 by the Trump Administration have been rescinded by the Biden


Memo
21-215
Wednesday, November 3, 2021

The House of Representatives, on a bipartisan vote, recently approved a bill (the “Providing Urgent Maternal Protection for Nursing Mothers Act”) that would extend and strengthen the right of employees to workplace accommodations in order to express


Memo
21-214
Wednesday, November 3, 2021

As expected, the Labor Department has issued a final rule rolling back revisions made by the Trump Administration to the regulations governing employers’ use of the tip credit under the Fair Labor Standards Act. Restoration of the so-called 80-20 rul


Memo
21-189
Monday, September 27, 2021

The Department of Labor has allowed another portion of the revised “tip” regulations issued at the end of the Trump Administration to go into effect, albeit with changes demanded by worker advocates.


Memo
21-169
Thursday, August 26, 2021

CWC has filed written comments with the Department of Labor opposing a new impractical test that DOL is proposing that will deter use of the so-called tip credit. Instead, our comments urge retention of a provision in last year’s revised tip regulati


Memo
21-155
Thursday, August 5, 2021

As expected, the Biden Labor Department has formally rescinded revised FLSA regulations issued by the Trump Administration that were designed to provide helpful guidance to employers and the courts on the standards that apply for determining whether


Memo
21-148
Tuesday, July 27, 2021

The Labor Department has issued proposed rules to implement a Biden Executive Order issued in April that increases the minimum wage on covered federal contracts to $15 an hour beginning on January 30, 2022.


Memo
22-078
Sunday, April 25, 2021

In a political setback to the Biden Administration, the U.S. Senate has rejected the President’s nomination of former Obama-era Department of Labor Wage and Hour Administrator David Weil to serve in the same position again.


Memo
21-052
Monday, March 8, 2021

A new Labor Department regulation that would give employers helpful guidance on how to make employee/independent contractor classifications under the Fair Labor Standards Act has been put on hold by the Biden Administration. CWC urged DOL to let the


Memo
20-229
Wednesday, November 18, 2020

The Department of Labor has issued two new opinion letters applying the Fair Labor Standards Act’s training and travel time regulations to a number of different scenarios.


Memo
20-218
Monday, November 2, 2020

Under a 2015 bill approved by Congress, statutory fines under many federal laws are adjusted upwards on an annual basis for inflation. Our memo lists adjusted current penalty amounts for a number of employment-related violations.


Comments and Testimony
20-215
Wednesday, October 28, 2020

CWC has filed a comment letter with the Department of Labor strongly supporting the agency’s proposed interpretive rule for determining whether an individual is an employee or an independent contractor.


Memo
20-189
Friday, September 25, 2020

In a long-awaited regulatory action, the Labor Department is proposing to adopt a new “interpretive” rule for determining whether an individual is an employee or an independent contractor under the Fair Labor Standards Act. CWC will be submitting com


Memo
20-185
Friday, September 18, 2020

Under an Executive Order issued by President Obama in 2014 that is still in effect, federal contractors with certain specified contracts must pay employees working on those contracts a special minimum wage of $10.80 compared to the standard federal m


Memo
20-186
Friday, September 18, 2020

The Department of Labor recently released four new opinion letters interpreting application of the Fair Labor Standards Act to various scenarios, including guidance on the “fluctuating workweek” method of calculating overtime pay and whether highly p


Memo
20-180
Friday, September 11, 2020

A federal trial court this week invalidated major portions of the regulations issued by the Labor Department earlier this year clarifying the test for determining joint employment under the Fair Labor Standards Act, thus taking away some of the certa


Memo
20-174
Friday, September 4, 2020

Although the Supreme Court has made it clear that the Federal Arbitration Act establishes a public policy favoring arbitration of disputes, there is a provision in the FAA that exempts its application to workers “engaged in foreign or interstate comm


How-To Guides and Checklists
20-172
Friday, September 4, 2020

The latest in our ongoing series of memos exploring the nuances of the Fair Labor Standards Act’s so-called white collar exemptions explains the recently revised rules governing overtime eligibility for “white collar” exempt workers that allow employ


How-To Guides and Checklists
20-152
Friday, August 7, 2020

CWC’s latest memo in our ongoing series on the Fair Labor Standards Act white collar exemptions looks at the simplified test employers are permitted to use to determine the exempt status of certain “highly compensated” employees.


Memo
20-132
Friday, July 10, 2020

Four new opinion letters issued by the Labor Department’s Wage and Hour Division address issues involving the exemptions contained in the Fair Labor Standards Act for certain sales employees.


Memo
20-134
Friday, July 10, 2020

The Administration’s latest semi-annual regulatory agenda shows a surprising amount of new activity being planned by the federal agencies that enforce worker protection requirements.


How-To Guides and Checklists
20-129
Thursday, July 2, 2020

In the latest of CWC’s ongoing series on compliance issues related to the “white collar” exemptions under the Fair Labor Standards Act, we take an in depth look at the so-called salary basis test. We would also like to hear from our members as to add


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