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1 week ago | 
jdsupra.com | Justin Barnes |Jeffrey W. Brecher
Takeaways In several ongoing lawsuits, the DOL has notified the courts that it will reconsider its 2024 independent contractor rule and may issue a new rule. The 2024 rule formally rescinded an independent contractor rule issued at the close of the first Trump Administration. The 2024 rule remains in effect while the cases are held in abeyance; however, the DOL is unlikely to enforce it.
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2 weeks ago | 
jdsupra.com | Justin Barnes |Jeffrey W. Brecher
Takeaways Nominated to head the DOL Wage and Hour Division, Andrew Rogers would return to the agency after a stint at the EEOC. Nominated for DOL solicitor of labor, Jonathan Berry is an attorney in private practice and had authored the DOL chapter of the Project 2025 policy platform, which backs compliance assistance over enforcement.
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2 months ago | 
jdsupra.com | Justin Barnes |Jeffrey W. Brecher
The Trump Administration has asked the U.S. Court of Appeals for the Fifth Circuit to postpone oral argument in a lawsuit challenging President Joe Biden’s 2024 independent contractor rule. The U.S. Department of Justice filed a motion to pause oral argument in a legal challenge brought by trucking companies in order to give the incoming leadership at the U.S. Department of Labor (DOL) a chance to review the case and determine its next steps in the litigation.
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Jan 20, 2025 | 
mondaq.com | Justin Barnes |Jeffrey W. Brecher
TakeawaysEmployers need only establish that an exemption applies througha "preponderance of evidence," not the higher "clearand convincing evidence" standard. An outlier decision by the Fourth Circuit is reversed, easingthe burden of proof for employers in Maryland, North Carolina,South Carolina, Virginia, and West Virginia. While this case involved application of the FLSA's outsidesales exemption, the reasoning applies to all statutoryexemptions.
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Jan 16, 2025 | 
jdsupra.com | Justin Barnes |Jeffrey W. Brecher
Takeaways Employers need only establish that an exemption applies through a “preponderance of evidence,” not the higher “clear and convincing evidence” standard. An outlier decision by the Fourth Circuit is reversed, easing the burden of proof for employers in Maryland, North Carolina, South Carolina, Virginia, and West Virginia. While this case involved application of the FLSA’s outside sales exemption, the reasoning applies to all statutory exemptions.
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Nov 19, 2024 | 
mondaq.com | Justin Barnes |Jeffrey W. Brecher
Takeaways:
The Rule was vacated nationwide in its entirety, including the
July 1 salary level increase already in effect. The salary level in
effect prior to July 1 ($35,568 per year, $684 per week) is
restored. The slated Jan. 1, 2025, increase to $58,656 annually
also is vacated. The annual salary level for the highly compensated
employee exemption returns to its pre-July 1 threshold of
$107,432.
If the DOL appeals, the incoming administration is not likely
to continue defending the 2024 Rule.
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Nov 19, 2024 | 
jdsupra.com | Justin Barnes |Jeffrey W. Brecher
Takeaways: The Rule was vacated nationwide in its entirety, including the July 1 salary level increase already in effect. The salary level in effect prior to July 1 ($35,568 per year, $684 per week) is restored. The slated Jan. 1, 2025, increase to $58,656 annually also is vacated. The annual salary level for the highly compensated employee exemption returns to its pre-July 1 threshold of $107,432.
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Nov 12, 2024 | 
mondaq.com | Jeffrey W. Brecher
The U.S. Supreme Court heard oral arguments on Tuesday, November
5, on the standard of proof that employers must meet to show an
employee is exempt from the minimum wage and overtime requirements
of the Fair Labor Standards Act (FLSA).
There are two competing choices: preponderance of the evidence
or "clear and convincing" evidence. Every circuit court
to address the issue, except the Fourth Circuit, has held a
preponderance of the evidence standard applies.
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Nov 11, 2024 | 
mondaq.com | Justin Barnes |Jeffrey W. Brecher
Takeaways:
The appeals court held that employees working away from home
overnight are entitled to compensation for travel time that occurs
during their regular working hours, and the travel time must also
be counted toward overtime pay calculations.
The decision is an important reminder that different FLSA rules
apply to travel time compensation when overnight stays are
required.
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Nov 8, 2024 | 
natlawreview.com | Jeffrey W. Brecher
The U.S. Supreme Court heard oral arguments on Tuesday, November 5, on the standard of proof that employers must meet to show an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). There are two competing choices: preponderance of the evidence or “clear and convincing” evidence. Every circuit court to address the issue, except the Fourth Circuit, has held a preponderance of the evidence standard applies.
