January 01, 2025
The Biden administration's rules determining overtime eligibility, sorting out whether workers are independent contractors and raising federal contractors' minimum wage face uncertainty in 2025. Here, Law360 looks at how those three rules may change.
December 20, 2024
In 2024, key U.S. Department of Labor rules came under fire with mixed results and the transportation worker exemption to federal arbitration law was refined even more. Here, Law360 explores four of the most significant decisions of 2024.
December 09, 2024
The U.S. Department of Labor urged the Fifth Circuit to let stand its opinion that the department has the authority to create a salary threshold as part of its role in defining overtime exemptions, saying the ruling doesn't conflict with holdings from the U.S. Supreme Court.
November 14, 2024
Circuit courts have issued decisions in key cases challenging U.S. Department of Labor rules as well as in more niche areas on tips and military leave. Here, Law360 looks at four decisions wage and hour practitioners should know about.
November 05, 2024
Two business groups told the Fifth Circuit that the U.S. Department of Labor does not have the authority to create a salary threshold to define which workers are overtime exempt, urging the full appeals court to overturn a September opinion because it created confusion within the circuit.
October 29, 2024
A Fifth Circuit panel misinterpreted the Fair Labor Standards Act when it ruled that the U.S. Department of Labor could spike the salary thresholds in an overtime exemption, a Dairy Queen franchise owner said, urging the full appeals court to step in.
September 20, 2024
The U.S. Department of Labor's attempts to defend its wage and hour regulations in a world without Chevron deference have so far been only partly successful, as two recent Fifth Circuit decisions show.
September 12, 2024
The U.S. Department of Labor has the authority to issue salary rules as part of its role in defining the overtime exemptions of the Fair Labor Standards Act, the Fifth Circuit affirmed, in a case that raised questions about the DOL's power to regulate a fundamental aspect of wage and hour law.
August 12, 2024
A Dairy Queen franchisee owner told the Fifth Circuit that the full appellate court's decision striking down the Federal Communications Commission's universal service fund highlights that the U.S. Department of Labor couldn't spike employees' salary thresholds for an overtime carveout.
August 07, 2024
A Fifth Circuit panel told the government during oral arguments Wednesday that the Labor Department needed to provide more substantial reasoning as to how it determines workers' overtime eligibility, saying that just because it has set salary thresholds for nearly a century doesn't mean it gets carte blanche.