In a much-anticipated decision, a federal appeals court just ruled that Fair Labor Standards Act (FLSA) claims resolved through Rule 68(a) offers of judgment do not require fairness review and judicial approval. The 2nd Circuit Court of Appeals’ December 6, 2019 decision is a critical ruling for employers seeking to resolve lawsuits filed under federal wage and hour law, providing a much clearer path for resolution (Yu v. Hasaki Restaurant, Inc). 

The New Jersey Supreme Court just agreed to review whether the “good faith” defense is available to employers that rely upon determinations made by employees of the New Jersey Department of Labor and Workforce Development. In a case of first impression, the Supreme Court’s action on December 5 means it will soon make clear when you can take advantage of this defense, which is a complete bar to wage and hour claims.

USDOL has announced a proposed rule intended to clarify the "fluctuating workweek" under the FLSA.

Employers that utilize the “tip credit” under the federal Fair Labor Standards Act, or whose employees receive tips, should carefully consider regulatory changes that were proposed by USDOL today.

The Long Awaited Overtime Rule 2.0 has been released as a final rule.  Although there aren’t any major surprises, employers need to act quickly to ensure that they are ready to implement any changes by the effective date of January 1, 2020.   

As the summer comes to a close, USDOL’s continued momentum ensures a busy fall for employers.  While we await the details, one thing is clear – employers should take these three steps right now.

USDOL has maintained a very busy agenda for the end of 2018 and the beginning of 2019, but recent action plans released by the President show that we may be in for additional, significant regulatory changes in the future.

Fisher Phillips continues to urge USDOL to publish a valid "Overtime Rule" that is practical to apply.

USDOL's latest opinion letter confirms its view that certain "gig employees" are, indeed, independent contractors.

In a much anticipated move, the Wage and Hour Division of the US Department of Labor released its Notice of Proposed Rulemaking clarifying the joint employment analysis under the Fair Labor Standards Act. The proposed regulation provides that you may not be found to be a joint employer unless you (directly or indirectly) actually exercise control over the employee, relying upon a new four-factor test.