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Wage and Hour Laws Blog

Posts by Marty Heller

USDOL has announced that it does not expect to address the FLSA white-collar exemptions (the so-called “overtime rule”) until March 2019 and has slotted "joint employment" for December 2018 instead.

The first of several USDOL "listening" sessions provided few answers.  The primary question remains whether the agency will listen this time around as it takes on the FLSA's white-collar exemptions.

This week the USDOL has issued a press release announcing that it will hold “listening" sessions to "gather views” on the white collar exemptions and released new Opinion Letters addressing other FLSA topics, including the 7(I) overtime exemption for certain employees of qualifying retail and service establishments.

Changes from USDOL have been numerous and fast paced. Take a second to look back on what has already happened in the federal wage and hour world in 2018, and what is yet to come.

Today's federal budget included a rider to amend the FLSA and prohibit an employer from keeping tips received by its employees, regardless of whether or not the employer takes a tip credit.

The Federal Judicial Center has provided guidance that could fast track initial disclosures by including requirements uniquely crafted for FLSA cases.

The U.S. Department of Labor is abandoning its six-part test for whether an intern is considered an employee in favor of the "primary beneficiary" test adopted by four federal circuit courts.

The U.S. Department of Labor has now proposed regulatory revisions that would in effect rescind the prior administration's tip-retention restrictions as to employers who do not rely upon the FLSA tip-credit.

Favorable court rulings regarding off-the-clock work require more than the right policies, but illustrate the magnitude of such policies under the right circumstances.

Judge Mazzant has granted summary judgment in favor of the employer groups who filed the lawsuit, signifying yet another setback for the so-called "Overtime Rule".

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