Despite the fact that the U.S. Department of Labor’s new overtime regulations were set to go into effect on December 1st, the validity of the regulations remains unsettled. We previously reported that on November 22nd, Judge Amos Mazzant of the United States District Court for the Eastern District of Texas granted a nationwide injunction precluding
On July 15, 2015, the United States Department of Labor (DOL) issued a memorandum on “The Application of the Fair Labor Standards Act’s ‘Suffer or Permit’ Standard in the Identification of Employees Who are Misclassified as Independent Contractors.” After clarifying the distinction between an employee and an independent contractor and emphasizing that the
On July 2, 2015 the U.S. Court of Appeals for the Fifth Circuit held the U.S. Department of Labor (DOL) liable for an employer’s attorneys’ fees resulting from a bungled and abusive investigation of alleged violations of the Fair Labor Standards Act (FLSA). The facts of the case – Gate Guard Services, L.P. v. Thomas
On June 30, 2015, the U.S. Department of Labor issued a Notice of Proposed Rulemaking (NPRM) that will significantly increase the number of employees entitled to receive overtime pay for work in excess of 40 hours during a regular workweek. Once implemented, the new rule is estimated to affect at least 5 million full-time employees