Wage and Hour

Memo
22-199
Thursday, October 20, 2022

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.


Memo
22-193
Monday, October 10, 2022

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


Memo
22-171
Monday, September 12, 2022

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


Memo
22-155
Wednesday, August 17, 2022

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


Memo
22-138
Thursday, July 21, 2022

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


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
22-078
Monday, April 25, 2022

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
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
22-054
Tuesday, March 22, 2022

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


Memo
22-041
Tuesday, March 1, 2022

The 90-year-old Davis-Bacon Act sets wage and fringe benefit requirements on certain federal construction contracts. Because we get Davis-Bacon related compliance questions from time to time, we thought it might be helpful to prepare this primer on t


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
22-021
Wednesday, February 2, 2022

Under an Executive Order issued by President Biden last April, the minimum wage on certain federal contracts and subcontracts was increased to $15.00 an hour beginning on January 30, 2022. Federal procurement regulations.


Memo
22-001
Tuesday, January 4, 2022

A recent Equal Pay Act ruling by a federal appeals court suggests that the Equal Employment Opportunity Commission wants it both ways when attempting to establish a pay discrimination claim.


Memo
21-240
Thursday, December 9, 2021

A provision in a bipartisan bill recently approved by the Senate Judiciary Committee would make it clear that former employee whistleblowers are covered under the False Claims Act’s anti-retaliation section.


Memo
21-232
Tuesday, November 30, 2021

The Department of Labor has issued final regulations to implement President Biden’s Executive Order signed earlier this year that raises the minimum wage on covered federal contracts to $15.00 an hour beginning on January 30, 2022.


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
21-188
Tuesday, September 21, 2021

Pursuant to an Executive Order issued by former President Obama in 2014, federal contractors subject to that order will be required to start paying eligible workers a minimum wage of $11.25 (up from $10.95) an hour beginning January 1, 2022.


Memo
21-172
Thursday, September 2, 2021

Our comments to the Labor Department regarding its proposed regulations to implement President Biden’s new Executive Order mandating a $15 an hour minimum wage on certain federal contracts urge consistency with regulations implementing a similar E.O.


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
21-109
Wednesday, May 26, 2021

CWC has filed comments with the Labor Department in support of keeping changes in the 2020 revisions to the “tip” regulations under the Fair Labor Standards Act that give greater recognition to good faith efforts by employers to comply.


Memo
21-098
Tuesday, May 11, 2021

In the less than four months since the Biden Administration took office, the Labor Department has already taken several actions to reverse wage-hour policies adopted during the previous administration that were designed to help employers meet their c


Memo
21-093
Tuesday, May 4, 2021

Following the lead of President Obama in 2014, President Biden has exercised his executive authority to increase the mandated minimum wage on certain types of federal contracts beginning next year to $15 an hour, more than double the federal minimum


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