Despite efforts by the Biden Administration to use federal antitrust law to criminally prosecute companies that conspire not to hire one another’s employees, federal juries have not gone along. As a result, it appears the Department of Justice is aba
Just four years after the Labor Department revised its regulations to make many more white collar workers eligible for overtime pay, DOL is proposing to do so again. CWC’s comments on the proposal question its need, as well as whether it exceeds DOL’
In developments of note regarding the status of President Biden’s nominations to serve in key workplace enforcement agency positions, the U.S. Senate has confirmed Jessica Looman as the Labor Department’s new Wage and Hour Administrator while a Senat
The minimum wage rate on certain government contracts subject to coverage under separate Executive Orders issued by Presidents Obama and Biden will increase on January 1, 2024.
MEMBER FEEDBACK REQUESTED. The Biden Administration’s Department of Labor has published its long-expected proposal to amend the “white collar” regulations under the Fair Labor Standards Act in order to extend overtime eligibility to numerous salaried
As expected, the Department of Labor has issued final revised regulations under the federal Davis-Bacon Act that will make it much easier for unionized construction companies to win federal contracts.
For the second time, a federal trial court in Texas has rejected an attempt by the restaurant industry to block enforcement of revised “tip credit” regulations issued by the Biden Administration’s Labor Department.
In one of the relatively rare decisions issued by a federal appeals court interpreting the Worker Adjustment and Retraining Notification Act, the Second Circuit addresses the key term “operating unit.”
The appeals court has rejected the often plaintiff-friendly “conditional certification” that many courts grant in allowing a collective action under the Fair Labor Standards Act to proceed. Instead, the court has adopted a standard that requires lead
New guidance issued by the Labor Department summarizes the broad provisions of a law enacted by Congress late last year that expands workplace protection for employees to express milk.
A federal appeals court has ruled that a lawsuit challenging revised “tip” regulations issued by the Labor Department in 2021 should get another look from the trial court in determining whether the regulations should be enjoined.
A federal appeals court has rejected a claim by a group of salaried employees that an employer’s application of a productivity incentive system that could result in deductions from paid time off was not permitted under the Fair Labor Standards Act.
Despite the fact that a worker made more than $200,000 a year, the Supreme Court has ruled that he was entitled to overtime pay because his employer could not show that it complied with the Labor Department’s so-called “salary basis” test under the F
The Labor Department reports that the number of administrative complaints it closed in fiscal year 2022 alleging overtime and minimum wage violations under the Fair Labor Standards Act declined for the 10th straight year.
A federal trial court in Arizona has rejected a challenge brought by five states questioning the legality of a Biden Executive Order that raised the minimum wage payable on certain federal contracts to $15 an hour, finding the President acted within
CWC has filed written comments with the Department of Labor urging the agency to retain the 2021 regulations that articulate the test used for classifying a worker as an employee or an independent contractor under the Fair Labor Standards Act.
MEMBER FEEDBACK REQUESTED. As expected, the Labor Department has proposed new interpretive regulations under the Fair Labor Standards Act that would weigh heavily in favor of an employee versus independent contractor classification determination.
Two different Presidential Executive Orders set a higher minimum wage rate on certain government contracts depending on when the contract was executed. Pursuant to an escalator clause contained in each E.O., the minimum wage rate under each will incr
For 40 years, the Labor Department has insisted that to be enforceable, a settlement of Fair Labor Standards Act claims must be supervised by the agency or approved by a federal court. Two recent federal court rulings state that there is nothing in t
The U.S. Department of Justice recently announced a large monetary antitrust settlement involving the poultry industry in which DOJ alleged unlawful suppression of worker pay. The settlement is further evidence of DOJ’s current focus on going after a
MEMBER FEEDBACK REQUESTED. The Department of Labor has published proposed regulations pursuant to a Biden Executive Order issued late last year that would require a successor contractor on a contract covered by the Service Contract Act to give the pr
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
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.
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
The Labor Department is proposing a major revision of its regulations implementing the Depression-era Davis-Bacon Act. Under the proposal, it would be more likely that union wage rates would apply on federal construction projects, making it easier fo
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