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
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
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
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.
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.
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.
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.
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
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.
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.
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.
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
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
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