With the turn of the new year, employers must focus on refining their recruiting and retention efforts to ensure compliance with a handful of new pay transparency laws, specifically in Illinois, Minnesota, Vermont, Massachusetts, and New Jersey. The Illinois and Minnesota requirements became effective on January 1, 2025. The Vermont,
Articles Discussing General Topics Under The FLSA.
Can Your Organization Weather the Storm? Wage and Hour Concerns for Employers During Inclement Weather
When winter storms strike, businesses often face the challenging decision of whether to shut down operations to ensure the safety of their employees—bringing a host of wage and hour issues to the forefront. During unexpected closures, employers face considerations such as whether employees are entitled to be paid under the
Pay Transparency Laws – Do they Apply to Your Remote Workers?
According to recent study by the U.S. Bureau of Labor Statistics, 1 in 5 workers teleworked or worked from home for pay, with a variety of consumer polls indicating up to 90% of individuals in the workforce would prefer the option to work from home (at least in part).
Tipping the Scale: The New 80/20 Rule
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recent decision vacating the U.S. Department of Labor’s (DOL) rule regarding tipped employees means the rule is no longer in effect nationwide.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.
They’re in the Game: Johnson v. NCAA and Possible College Athlete FLSA Coverage
What is unlimited Paid Time Off or PTO, and is it right for your business?
Federal Court Denies DOL a “Hot Goods” Injunction over Child Labor Allegations
Court declined to issue a “hot goods” injunction against company that employed minors, as DOL could not show the company “knowingly” employed underage workers. Employer liability for potential child labor violations can be limited through the adoption and use of strong policies preventing child labor as well as other guardrails.
Internal Revenue Service Releases Final Rules on IRA Wage and Apprenticeship Requirements
In long-anticipated guidance, the Internal Revenue Service (IRS) introduced final regulations that clarify prevailing wage and apprenticeship requirements for taxpayers seeking the full value of energy production and investment tax credits under the Inflation Reduction Act of 2022 (IRA).