July 02, 2024
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Category: FLSA

DOL’s Overtime Rule Takes Effect as Federal Court Blocks Enforcement Against Texas

The first phase of the U.S. Labor Department’s recent revisions to its overtime regulations for executive, administrative, and professional employees went into effect July 1, 2024. DOL’s final rule increased the minimum salary level from $684 per week to $844 per week (equivalent to an annual salary of $43,888) on July 1, 2024, and to $1,128 per week (equivalent to an annual...
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May 22, 2024
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Category: Compensation

CWC’s Updated “Talking Points” Guide on DOL’s New White Collar Overtime Regulations

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has written new Talking Points to help CWC members educate their managers and supervisors about the 2024 revisions to the Labor Department’s white-collar overtime regulations. These updated Talking Points supersede the Talking Points that CWC prepared in 2019 when DOL last revised the regulations. The new regulations increase the...
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May 01, 2024
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Category: Policies and Practices

FTC Finalizes Rule Banning Most Non-Compete Agreements; Legal Challenges Already Filed

The Federal Trade Commission (FTC) has issued a final rule that bans nearly all non-compete agreements. The rule will take effect 120 days after publication in the Federal Register, which is scheduled for May 7, 2024. The final rule prohibits an employer from entering into non-compete clauses with any of its workers, including independent contractors, volunteers, and interns. The rule defines...
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April 24, 2024
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Category: FLSA

DOL Raises White Collar Overtime Threshold by 65%, Leaves Employers Little Time To Comply

The U.S. Department of Labor has issued a final rule revising the white-collar exemptions to the Fair Labor Standards Act’s overtime rules that will make thousands of additional salaried executive, administrative, and professional employees eligible for overtime pay. The rule will increase the minimum amount that a salaried employee must be paid to be exempt from overtime pay—from the current...
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April 18, 2024
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Category: Disability, Accommodations, and Leaves

Divided EEOC Issues Expansive PWFA Interpretive Regulations, Inviting Legal Challenges

The Equal Employment Opportunity Commission (EEOC) has issued final regulations interpreting the Pregnant Workers Fairness Act. The PWFA, which became law in 2022, codifies the right to request reasonable accommodations for pregnancy-related limitations. The expansive implementing regulations adopted by the EEOC’s Democratic majority, which are similar to the proposed regulations published last August, are almost certain to be challenged in...
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April 10, 2024
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Category: Agency Enforcement

OSHA Finalizes Walkaround Rule Permitting Third Party Presence During Workplace Inspections

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued a final rule that permits employees to authorize a third party—including a labor union representative—to represent them during an OSHA inspection if the OSHA compliance officer believes that the third party’s presence is reasonably necessary for an effective and thorough physical workplace safety inspection. The new rule,...
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March 13, 2024
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Category: FLSA

DOL’s Controversial Independent Contractor Rule Goes Into Effect

The Department of Labor’s new independent contractor rule for worker classification under the Fair Labor Standards Act (FLSA) went into effect March 11, 2024, although it is subject to several legal challenges. This latest version of the ever-changing standard lists six non-weighted economic factors to consider when deciding whether a person is an independent contractor or an employee. The new...
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March 12, 2024
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Category: Contingent Workers and Joint Employment

Federal Court Blocks Controversial NLRB Joint Employer Rule, Reinstates Trump-Era Rule

A federal trial court has vacated the controversial new National Labor Relations Board (NLRB) joint employer rule and restored the 2020 version of the rule that made it harder to find that an entity is a joint employer. If the new rule had taken effect as scheduled March 11, 2024, it would have been much easier to find that two...
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February 21, 2024
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Category: Agency Enforcement

Inflation Fuels Higher Civil Penalties for Federal Workplace Law Violations in 2024

To account for inflation, various federal workplace enforcement agencies recently raised the civil penalties they charge. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Inflation Adjustment Act) mandates these yearly adjustments. This memo details employment- and immigration-related penalty increases announced by the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the Department of...
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February 20, 2024
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Category: Discrimination and Harassment

EEOC Revises Procedural Regulations To Incorporate Pregnant Workers Fairness Act

The U.S. Equal Employment Opportunity Commission (EEOC) has published an interim final rule (IFR) that revises its procedural and administrative regulations to account for the Pregnant Workers Fairness Act (PWFA), which took effect in June 2023. The IFR essentially applies EEOC’s existing procedural and administrative rules for Title VII and the other laws that EEOC enforces to the PWFA. The...
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