The U.S. Department of Labor’s Wage & Hour Division (WHD) has issued four new opinion letters under the Fair Labor Standards Act. These letters give employers clear guidance on how WHD will handle common compliance questions during investigations and audits. While opinion letters do not create new laws, they often indicate how the agency

The Second Circuit Court of Appeals recently clarified the transportation worker exemption under § 1 of the Federal Arbitration Act (FAA). The court addressed whether contracts signed by individual delivery drivers, even when they work through their own corporations, count as “contracts of employment” that are exempt from mandatory arbitration. In this instance, the court

The next episode of “From Lawyer to Employer” podcast is out and it’s another one focusing on the practical implications of new laws and regulations.

In this episode, one of my fellow partners, Sarah Westby, joins me to talk about the Department of Labor’s rule increasing the “salary” threshold for overtime purposes — a topic

On Friday, the United States District Court for the Eastern District of Texas issued a controversial decision to vacate the Department of Labor’s (DOL) 2024 overtime rule, months after it went into effect. The decision will generate considerable confusion regarding the white collar exemption because the court’s decision (as of now) bars the application of

It’s not often that we have to provide day-to-day updates on the status of the United States Department of Labor rule that raises salary thresholds for overtime exemptions, but here we are.

My colleague, Sarah Westby, posted an update yesterday on a major case from Texas in which the state challenged the rule. Late last

If you had April 23, 2024 as the biggest day in employment law of the year on your bingo card, congratulations. You won. Hands down.

Yesterday was such a blockbuster of a day, it’s hard to wrap your head around it. (My partner Sarah Westby and I have tried, and have summarized the results on

Over the weekend, I was joking with a friend that we’ve seen more changes in employment law in the last 18 months than the last 18 years.

That’s an exaggeration of course. But it certainly does feel like there’s been a lot of changes. Sometimes it’s hard to catch up. So rather than a long