Wage and Hour

Memo
24-019
Monday, January 29, 2024

Limited enforcement data reported recently by the Labor Department under the Family and Medical Leave and Fair Labor Standards Acts covering fiscal year 2023 do not show much of a change from FY 2022.


Memo
24-013
Wednesday, January 17, 2024

Reversing a four-year downward trend, employment-related lawsuits filed in federal court increased by 9% last year, led by a 21% increase in suits filed under the Americans with Disabilities Act.


Memo
24-011
Tuesday, January 16, 2024

The Labor Department has reinstated a controversial interpretation of the test for determining whether a worker is an employee or an independent contractor under the Fair Labor Standards Act that raises the stakes for an employer that makes the wrong


Memo
23-233
Tuesday, December 12, 2023

Under federal law and implementing regulations issued by the Labor Department, a salaried executive, administrative, or professional employee must be paid a minimum salary to be considered exempt from overtime. The federal threshold is a floor, howev


Memo
23-220
Wednesday, November 15, 2023

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’


Memo
23-208
Monday, October 30, 2023

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


Memo
23-196
Monday, October 9, 2023

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.


Memo
23-172
Tuesday, September 5, 2023

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


Memo
23-167
Wednesday, August 23, 2023

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.


Memo
23-145
Monday, July 24, 2023

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.


Memo
23-136
Monday, July 10, 2023

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.”


Memo
23-123
Wednesday, June 21, 2023

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


Memo
23-102
Monday, May 22, 2023

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.


Memo
23-094
Wednesday, May 10, 2023

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.


Memo
23-081
Monday, April 24, 2023

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.


Memo
23-045
Tuesday, February 28, 2023

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


Memo
23-041
Friday, February 24, 2023

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.


Memo
23-039
Wednesday, February 22, 2023

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


Memo
22-236
Monday, December 19, 2022

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.


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


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