Articles about the federal Fair Labor Standards Act (FLSA) an other topics related to wage and hours issues.
Fifth Circuit Affirms DOL’s Authority to Set Salary Thresholds For FLSA Exemptions
Real World Impact: On September 11, 2024, in Mayfield v. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit upheld the Department of Labor’s (DOL) authority to set minimum salary thresholds for overtime exemptions under the Fair Labor Standards Act (FLSA). This decision reinforces the DOL’s ability to require a minimum salary for executive, administrative, and professional (EAP) exemptions, known as “white-collar” exemptions.
Tipping the Scale: The New 80/20 Rule
Fifth Circuit Holds DOL Can Set Salary Floor for White-Collar Exemptions
Fifth Circuit Upholds DOL’s Minimum Salary Requirement for FLSA White-Collar Exemptions
On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit upheld the U.S. Department of Labor’s (DOL) authority to use a salary basis to define its white-collar overtime exemptions.
Ding Dong, the Federal 80/20 and 30-Minute Tip Rule Is Dead
On August 23, 2024, the Fifth Circuit Court of Appeals released its long-awaited opinion in Restaurant Law Center v. United States Department of Labor and invalidated the 2021 final tip rule issued by the U.S. Department of Labor (DOL), which restricts when employers can use the tip credit for tipped
Fifth Circuit Strikes Down DOL Tip Credit Rule: What It Means for Employers
In a long-awaited decision, the Department of Labor (DOL) regulation setting strict limits on the amount of time that tipped employees can spend performing work that does not directly generate tips has been struck down by the U.S. Court of Appeals for the Fifth Circuit. Restaurant Law Center v. U.S. Department of Labor, No. 23-50562 (Aug. 23, 2024). The appeals court vacated the rule, voiding the provision nationwide.
Fifth Circuit Court of Appeals Nixes DOL’s Tip Rule
Real World Impact: The Fifth Circuit Court of Appeals’ recent decision vacating the U.S. Department of Labor’s (DOL) rule regarding tipped employees means the rule is no longer in effect nationwide. This is a major victory for employers that have tipped employees and take a tip credit and have been beset by legal claims based on the rule.
Fifth Circuit Vacates DOL’s 80/20/30 Rule for Tipped Employees
On August 23, 2024, in Restaurant Law Center v. U.S. Department of Labor, the U.S. Court of Appeals for the Fifth Circuit vacated the U.S. Department of Labor’s so-called “80/20/30 Rule” that governed how tipped employees must be paid under the Fair Labor Standards Act (FLSA). The Fifth Circuit found
State Laws Complicate Salary Requirements for Exempt Employees
With the U.S. Department of Labor’s recent increases to the minimum salary or fee amount for certain exempt employees, many employers are reviewing the exemption status of their employees. In doing so, employers should be mindful of varying state law requirements, which may be higher than even the newly increased
Workplace Law After ‘Loper’: Wage and Hour Compliance in the Future
Recent SCOTUS decisions including Loper Bright, Enterprises v. Raimondo, and Murthy v. Missouri are potential game changers for employers, and may make it difficult for the Department of Labor to defend its wage and hour rules in court.
DOL’s Salary Rule for Exempt Employees In Jeopardy After Fifth Circuit Oral Argument
A Fifth Circuit panel heard oral argument on Wednesday, August 7, on whether Department of Labor (DOL) regulations imposing a salary requirement to satisfy the executive, administrative and professional exemptions is valid.
The case on appeal, Mayfield v U.S. Department of Labor, does not address the minimum salary level increase
They’re in the Game: Johnson v. NCAA and Possible College Athlete FLSA Coverage
WEBINAR: Exempt Employees in Light of the Department of Labor’s Salary Threshold Increase
Here’s an opportunity to learn more – and ask questions – about the Department of Labor’s new rule to increase the compensation thresholds for exempt employees.
MYR 2024: DOL Final Rule Governing the White-Collar Exemptions to Overtime
By almost any measure, 2024 is a memorable year for employment and labor law — and it’s only halfway done. Our timely report, Mid-Year 2024: Now + Next, takes a closer look at the recent rules, regulations and rulings affecting employers today, the rest of the year and beyond.