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FLSA

Federal court says technicality makes PWFA unconstitutional

04/05/2024
A federal trial court in Texas has dealt a blow to the Pregnant Workers Fairness Act, ruling on a technicality that the federal law requiring most employers to reasonably accommodate pregnancy-related limitations is unconstitutional.

Bill introduced to make 32-hour workweek the norm

03/25/2024
The Thirty-Two Hour Workweek Act would amend the Fair Labor Standards Act to cut the standard workweek from 40 hours per week to 32.

Pending Supreme Court ruling could cause regulatory chaos

03/25/2024
The Chevron rule has been the basis for federal agency rulemaking since 1984. Based on questioning during arguments in Loper v. Raimondo and Relentless v. Department of Commerce, it looks as if the court is ready to either overturn Chevron or severely limit its reach. A decision is expected no later than the end of the current Supreme Court term in June.

DOL worker-classification rule the ‘law of the land’—for now

03/18/2024
The Department of Labor’s new final rule defining how workers should be classified as either employees or independent contractors went into effect March 11. That’s despite several pending lawsuits that seek to prevent the DOL from enforcing the rule.

Lawsuits seek to block enforcement of DOL’s final worker-classification rule

03/08/2024
Opponents of the Department of Labor’s newly final worker-classification rule have filed at least four lawsuits seeking to prevent enforcement of the rule when it takes effect on March 11.

DOL overtime rule advances to last step before becoming final

03/08/2024
The Department of Labor’s rule expanding access to overtime pay for an additional 3.6 million exempt employees is now under review by the Office of Management and Budget, the last step in the regulatory process before a final rule is issued.

PWFA enforcement halted in Texas

03/04/2024
A federal judge has ordered the federal government not to enforce the Pregnant Workers Fairness Act in Texas after the state government filed a lawsuit contesting how the law was passed.

PUMP Act suit against McDonald’s shows cost of ignoring the law

03/01/2024
A group of new mothers have brought one of the first PUMP Act class-action lawsuits. The case illustrates the legal folly of cutting corners on PUMP Act compliance.

Old test or new, the FLSA still defaults to employee status

02/21/2024
The Fair Labor Standards Act is remedial legislation that is meant to cover as many employees as possible. The Department of Labor’s final worker status regulations were never intended to change this. The main reason for issuing the regs was to codify the Supreme Court’s 80-year-old test. A recent case decided before the final regs were issued illustrates.

White-collar Wednesdays: Initial preparations for the DOL’s final salary-level regs

02/21/2024
We are now a little over two months away from the release of final regulations raising the weekly and annual salary amounts employees must earn to remain exempt from the FLSA, as promised by the Department of Labor. Regardless of how this shakes out, it’s best to be prepared.