In this episode of our Litigation Lens podcast series, Michael Nail (shareholder, Greenville) is joined by Sarah Zucco (shareholder, New York) and Olivia Orlando-Donovan (associate, New York/Stamford) to break down Judge Lyman’s April 2026 opinion in Lively v. Wayfarer Studios—a 152-page decision arising from the production of It Ends With
Articles about the federal Fair Labor Standards Act (FLSA) an other topics related to wage and hours issues.
Third Circuit Rejects “Overtime Gap Time” Claims Under FLSA
Third Circuit Rejects “Overtime Gap Time” Claims Under FLSA
In a significant development for employers in the Third Circuit, the U.S. Court of Appeals for the Third Circuit recently held that the FLSA does not permit recovery of “overtime gap time” wages. While the decision limits the scope of federal
9th Circuit to State of California: Break Rules Remain Preempted for Some Passenger-Carrying Drivers
In the latest chapter in a decade-long saga to determine if interstate drivers are subject to California’s meal and rest break rules, the Ninth Circuit affirmed that drivers of passenger-carrying commercial motor vehicles are not subject to the state’s break regulations. In People of the State of California ex rel. Xavier Becerra v. Federal Motor… Continue Reading
Littler’s Semi-Annual 2026 Rates Update for Minimum Wage, Tips, and Exempt Pay Increases (and Other Developments)
Littler’s Semi-Annual 2026 Rates Update for Minimum Wage, Tips, and Exempt Pay Increases (and Other Developments)
Fuel prices are on the rise, and so are wages, so get your fill of notable rate-related developments since our January 1 update, along with known nonexempt and exempt employee rate changes that will
2026 Midyear State and Local Minimum Wage Increases
Several state and local minimum wage rates will increase on July 1, 2026. This article provides the state and major locality minimum wage increases for mid-2026, along with related changes in the minimum cash wage for tipped employees where applicable. The new rates are listed in bold text below. (For
New DOL Opinion Letters Provide Wage-and-Hour Guidance
On May 29, 2026, the U.S. Department of Labor (DOL) released four opinion letters that shed light on several different wage-and-hour issues, including unpaid meal breaks and when pre-shift activities are compensable time.
DOL Endorses “Bonus Pool” Approach to Calculating Percentage Bonuses
DOL Endorses “Bonus Pool” Approach to Calculating Percentage Bonuses
Employers that award “percentage of total earnings” bonuses to nonexempt employees are not required to calculate supplemental overtime amounts owed due to the bonus because the bonus is deemed to already include overtime. While convenient, this approach can lead to budgetary
FLSA Does Not Recognize Overtime ‘Gap Time’ Claims, 3rd Circuit Says
On June 3, 2026, the U.S. Court of Appeals for the Third Circuit held that the Fair Labor Standards Act (FLSA) does not recognize overtime gap time claims, handing a partial win to a nursing and rehabilitation facility company after a court awarded employees $35.8 million in damages for wage
DOL Provides Guidance Related to Pre-Shift Work, Limits on the De Minimis Doctrine, and Timekeeping Rounding Practices
DOL Provides Guidance Related to Pre-Shift Work, Limits on the De Minimis Doctrine, and Timekeeping Rounding Practices
On May 28, 2026, the U.S. Department of Labor (DOL) Wage and Hour Division issued Opinion Letter FLSA2026-8, providing compliance guidance related to a hospital’s timekeeping and pay practices, including regarding the compensability
DOL Opinion Letter Confirms Voluntary Off-Site Travel Does Not Make Meal Periods Compensable
DOL Opinion Letter Confirms Voluntary Off-Site Travel Does Not Make Meal Periods Compensable
On May 28, 2026, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2026-7, confirming that an employee’s choice to leave the worksite during an otherwise bona fide meal period does not convert the meal period into
DOL Confirms Exempt Employees May Be Paid for Performing Nonexempt Work
DOL Confirms Exempt Employees May Be Paid for Performing Nonexempt Work
On May 28, 2026, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2026‑5, confirming that an exempt employee paid on a salary basis may be paid on an hourly basis for performing work in a secondary, nonexempt role
Understanding Legal Compliance for Paid Holidays
Employees and employers are planning ahead for upcoming holidays like Memorial Day, Juneteenth, Independence Day, and Labor Day. Paid company holidays are common, but the total number per year may vary by industry, location, or union status.
Status Quo: DOL Final Rule Keeps Overtime Salary Levels at 2019 Thresholds
TakeawaysThe DOL’s final rule leaves in place the federal minimum salary thresholds for white-collar exemptions set in 2019.Employees classified as exempt under the white-collar exemptions and who are subject to a salary basis requirement must earn a minimum salary of $684 per week or $107,432 annually for the highly compensated employee exemption.The rule rescission comes after the DOL dismissed its appeal of the federal court decision invalidating the 2024 rule.Related links
Department of Labor Restores Salary Levels for FLSA White Collar Exemptions
Department of Labor Restores Salary Levels for FLSA White Collar Exemptions
On May 14, 2026, the Wage and Hour Division (WHD) of the U.S.
tgelbman@littler.com Thu, 05/14/2026 – 13:39
Trump Administration Rescinds 2024 DOL White Collar Overtime Expansion
On May 14, 2026, the U.S. Department of Labor (DOL) announced that it is formally rescinding the 2024 overtime rule that would have made potentially millions more white-collar workers eligible for overtime premium pay under the Fair Labor Standards Act (FLSA).