In April, we wrote about the U.S. Department of Labor’s new regulations set to take effect on July 1, 2024. These new regulations significantly increase the minimum salary required for employers to meet the Fair Labor Standards Act’s white-collar overtime exemptions.
A number of legal challenges were filed seeking to block the new regulations…
On June 24, 2024, a federal judge in Texas issued a nationwide injunction to block parts of the Department of Labor’s recent regulations updating Davis-Bacon prevailing wage requirements on federally funded construction projects. The preliminary injunction prevents the DOL from enforcing three provisions of the updated regulations while the litigation proceeds.
Although the preliminary injunction…
On April 23, 2024, the U.S. Department of Labor issued its Final Rule sharply increasing the minimum salary requirements for the Fair Labor Standards Act’s white-collar overtime exemptions. These changes, if they ultimately take effect, will affect the overtime exemption eligibility for millions of currently exempt employees nationwide.
Background and History
The FLSA’s white-collar exemptions…
On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a long-awaited Final Rule that addresses when a worker is properly classified as an independent contractor under the Fair Labor Standards Act (the “FLSA”). Under its new Rule, independent contractors are characterized as those workers who, as a matter of economic reality, are not…
We wrote in August about major updates to the Davis-Bacon regulations issued by the Department of Labor. The Final Rule updating those regulations became effective on October 23, 2023. In the time since, contractors have been working to ensure compliance with the new requirements, including, among other things, seeking approval from the DOL before taking…
On August 8, 2023, the Department of Labor issued a Final Rule that makes significant changes to contractor and subcontractor obligations on federal and federally-assisted construction projects. Contractors who perform work under projects covered by the Davis-Bacon Act should become familiar with their new obligations.
We have summarized below some of the key provisions of…
The holiday season is in full swing, and what better way to celebrate the joyous season than with a festive soiree, right? In many cases, this is the first time in a couple of years that employees are getting together for an in-person gathering. Some employees may be ready to reconnect and cut loose. So,…
Last week, the U.S. Department of Labor introduced a proposed rule to update its test for determining whether a worker is an employee under the Fair Labor Standards Act (the “FLSA”). If implemented, the proposed rule would likely make it more difficult for employers to classify workers as independent contractors.
The proposed new test would…
A recent report from a Pennsylvania Department of Labor & Industry task force describes the economic impact of worker misclassification in Pennsylvania and makes several significant recommendations to the legislature. These recommendations, if implemented, could dramatically impact how some Pennsylvania employers manage their workforce, particularly those employers in the construction industry.
The report was issued…
The General Counsel of the National Labor Relations Board (NLRB) issued a Guidance Memorandum last week establishing her position that certain players at academic institutions are employees as defined by National Labor Relations Act (NLRA). If collegiate athletes are protected as “employees” under the NLRA, then these athletes would have rights to organize and join…
