Employers nationwide can breathe a collective sigh of relief. On Friday November 15, 2024, District Judge Sean D. Jordan of the federal district court for the Eastern District of Texas granted a motion for summary judgment finding that the Department of Labor’s 2024 Rule – that would have increased the minimum salary level required to
Employers Brace for January 1, 2025 Overtime Exemption Salary Increase – But Will Litigation Derail the DOL Rule?
In order to classify employees as exempt from overtime pay requirements, employers may rely on the so-called “white-collar” exemptions available for administrative, executive, and professional employees. In addition to meeting the job duties test of each exemption, employers are required to pay a guaranteed minimum salary specified in Department of Labor regulations.
At the start…
Eligible Self-Employed Individuals under the CARES Act
In addition to certain entities, independent contractors, sole proprietors and “eligible self-employed individuals” may be eligible to apply for a Paycheck Protection Program loan under the CARES Act.
What is an eligible self-employed individual? It is important to note that the statute did not refer to “self-employed individuals” which would have been very easy for…
DOL Rolls Out Leave Act Regulations and Changes Course on Some Issues
On April 1, the paid leave requirements of the Families First Coronavirus Response Act took effect.
Prior to April 1, the DOL issued both a required employer notice and a series of questions and answers related to the required employer notice under the Act: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf and https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions. The IRS also issued a series of…
Families First Coronavirus Response Act with Emphasis on Tax Credit Provisions
The Families First Coronavirus Response Act (“FFCRA”) was enacted as HR 6201 and signed into law on March 18th, 2020. The Act consists of three divisions which are relevant to the provision of family and medical and sick leave and providing for tax credits in connection with the mandatory family and medical and…
DOL Issues Additional Leave FAQs
Overnight, the U.S. Department of Labor’s Wage and Hour Division posted additional answers to pressing questions regarding leave issues under the Families First Coronavirus Response Act. These Q&As address a number of recurring employer questions.
Documentation. One of the topics addressed by the DOL includes required documentation to support the need for leave (which the…
Families First Coronavirus Response Act: The Model Notices Are Here
Yesterday afternoon, on March 25, 2020, the U.S. Department of Labor’s Wage and Hour Division issued its model notices that meet the requirements of the Families First Coronavirus Response Act (“FFCRA”). The DOL provided a model notice for private sector employees and for public employees. All employers covered by the paid sick leave and…
Leave Act Takes Effect April 1 and Other New DOL Guidance
Late Tuesday afternoon, March 24, 2020, the U.S. Department of Labor’s Wage and Hour Division issued guidance in the form of 14 questions and answers on the new COVID-19 leave act. Here is the link to the latest guidance. Some of the highlights are described below.
Although practitioners and commentators uniformly agreed that the act…
The First of Three? DOL Releases Final Rule on Joint Employer Status
On January 12, 2020, the United States Department of Labor (“DOL”) released a final rule updating and revising the DOL’s interpretation of joint employer status under the Fair Labor Standards Act (“FLSA”). The rule is scheduled to be published in the Federal Register on January 16, 2020, and its effective date will be March 16,…
Recent Department of Labor Audits a Good Reminder to Understand the Law and Follow Best Practices
In September, the Department of Labor imposed significant fines against two Louisiana restaurants for violations of the Fair Labor Standards Act (“FLSA”). The iconic New Orleans Cajun-Creole restaurant Jacques-Imo’s paid more than $55,000 in fines for violating child labor laws under the FLSA; Superior Seafood paid out more than $230,000 in back wages and penalties.…