Tag: DOL

Mayfield Ruling Highlights Overtime Exemption Pitfalls: What HR Needs to Know 

By Lee Jacobs, Barclay Damon Nov 25, 2024 Learning & Development

Updated: Nov 25, 2024

Understanding overtime exemptions under the Fair Labor Standards Act (FLSA) can be one of the more challenging responsibilities HR professionals face. The complexity of exempt classifications—particularly for executive, administrative, and professional employees—requires diligence, especially as roles and salary thresholds evolve. On September 11, the Fifth Circuit Court of Appeals’ ruling in Mayfield v. U.S. Department […]

Tipped Over: Fifth Circuit Vacates the DOL’s Rule for Tipped Employees

By Emily Kesler, Baker Donelson, Zachary Busey, Baker Donelson Oct 16, 2024 HR Management & Compliance

Updated: Oct 16, 2024

The United States Court of Appeals for the Fifth Circuit issued a ruling on August 23, 2024, vacating a 2021 Final Rule of the Department of Labor (DOL) which limited the circumstances under which employers can claim a “tip credit” for “tipped employees” under the Fair Labor Standards Act (FLSA). This decision is likely one […]

Tight Around the White Collar – The New Overtime Rule is Here

By Dena H. Sokolow, Baker Donelson May 30, 2024 HR Management & Compliance

Updated: May 30, 2024

The U.S. Department of Labor (DOL) has published its final rule amending the overtime regulations of the federal wage and hour law, the Fair Labor Standards Act (FLSA). The new rule requires an increase to the salary threshold for executive, administrative, and professional workers (EAP) and Highly Compensated Employees (HCE) to qualify for exemption from […]

DOL Weighs-In (Again) With Final Rule on Independent Contractors

By Holly H. Williamson, Hunton Andrews Kurth LLP, Theanna Bezney, Hunton Andrews Kurth LLP May 29, 2024 HR Management & Compliance

Updated: May 29, 2024

The U.S. Department of Labor (“DOL”) published a final rule (the “Final Rule”) in January of this year, which took effect March 11, 2024, and changed how the DOL analyzes whether a worker is properly classified as an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). Employers that misclassify individuals as independent […]

As the Ranks of Older Workers Grows, Employers Urged to Capitalize on the Trend

By Tammy Binford, Contributing Editor Jan 30, 2024 Recruiting

Updated: Jan 30, 2024

It’s become a mantra resounding from more and more employers: Good help is hard to find. For years now, employers have bemoaned their inability to recruit and retain workers for the full range of employment, everything from low- to high-skill positions. But researchers who study the workforce and the trends shaping it point to a […]

DOL’s New Contractor Rule Bringing Big Changes—if it Survives Challenges

By Tammy Binford, Contributing Editor Jan 10, 2024 HR Management & Compliance

Updated: Jan 10, 2024

A final rule from the U.S. Department of Labor (DOL) means employers can expect a much tougher time justifying a worker’s status as an independent contractor—a fact that has big implications for the gig economy and has attorneys who advise employers urging caution. The final rule, announced on January 9 and scheduled to be published in […]

Evolving HR: FMLA and the Modern Workplace

By Rebecca Kopp Levine of Porter Wright Morris & Arthur LLP. Oct 20, 2023 Benefits and Compensation

Updated: Oct 20, 2023

Employers with over 50 employees regularly address employees’ requests for leave under the FMLA. When the FMLA was originally enacted in 1993, the workplace looked a bit different than it does now. Most employees went to a main worksite and job applicants came to a location to apply for employment. In today’s work environment, many employees work […]

Biden Administration Expands Overtime Eligibility

By Lin Grensing-Pophal, Contributing Editor Sep 28, 2023 HR Management & Compliance

Updated: Sep 28, 2023

In a significant move that promises to reshape the U.S. labor landscape, the Biden administration has proposed a new rule intended to extend overtime pay eligibility to an additional 3.6 million workers. It’s a proposal the marks the most substantial increase in such provisions in recent decades and revives an initiative from the Obama era. […]

What Employers Should Know About Drafting PERM Notice of Filing

By Sarah Bileti, Holland & Hart LLP Aug 1, 2023 HR Management & Compliance

Updated: Aug 1, 2023

The most common pathway for an employer to hire a foreign worker on a permanent basis is to sponsor the employee for a Green Card. The first step in the sponsorship process is obtaining a permanent labor certification from the U.S. Department of Labor (DOL). The labor certification is obtained by filing an application through the […]

How Layoffs Impact the PERM Process: Employer Considerations

By Laura Flynn, Fragomen, Rachel Beardsley, Fragomen, Stephanie Speirs, Fragomen Jun 13, 2023 HR Management & Compliance

Updated: Jun 13, 2023

While businesses typically take extensive steps to avoid layoffs, they’re unfortunately part of the business life cycle. As the United States has had a recent uptick in layoffs across various industries, employers should be aware of the potential impact to their permanent residence (green card) immigration programs.  The PERM (or labor certification) application is one […]