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1 month ago | 
mondaq.com | Justin Barnes |Brian Lewis |Laura Mitchell
TakeawaysPresident Trump has rescinded President Biden's 2021executive order increasing the minimum wage for employees offederal contractors. The minimum wage is now $13.30 per hour for federal contractorscovered by President Obama's 2014 executive order, whichremains in effect. Trump's action does not formallyrevoke a Department of Labor rule implementing Biden's wagemandate. However, there is no longer a basis for enforcing therule.
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1 month ago | 
natlawreview.com | Justin Barnes |Brian Lewis |Laura Mitchell |Ally Rich
TakeawaysPresident Trump has rescinded President Biden’s 2021 executive order increasing the minimum wage for employees of federal contractors. The minimum wage is now $13.30 per hour for federal contractors covered by President Obama’s 2014 executive order, which remains in effect. Trump’s action does not formally revoke a Department of Labor rule implementing Biden’s wage mandate. However, there is no longer a basis for enforcing the rule.
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1 month ago | 
mondaq.com | Justin Barnes |Eric R. Magnus |John McCall |John Mccall
The new bill is broader than the FLSA and, if passed, wouldapply to all businesses. The bill proposes a reporting requirement for all Georgiabusinesses. If the Georgia bill is passed, there may be greater incentivefor employees to bring overtime claims under the FLSA. If the bill becomes law, there may be a tax incentive to switchsome salaried employees to an hourly rate.
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1 month ago | 
lexology.com | Justin Barnes |Eric R. Magnus |John McCall |John Mccall
Takeaways The new bill is broader than the FLSA and, if passed, would apply to all businesses. The bill proposes a reporting requirement for all Georgia businesses. If the Georgia bill is passed, there may be greater incentive for employees to bring overtime claims under the FLSA. If the bill becomes law, there may be a tax incentive to switch some salaried employees to an hourly rate.
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2 months ago | 
mondaq.com | Justin Barnes |Brian Lewis |Laura Mitchell
TakeawaysThe Fifth Circuit has reversed a district court's decisionenjoining former President Biden's Executive Order 14206increasing the minimum hourly wage rate for employees working onfederal contracts. The decision creates a circuit split with the Ninth Circuit,which found the president lacks authority to issue minimum wagemandates for federal contractors.
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Jan 23, 2025 | 
mondaq.com | Justin Barnes |Eric R. Magnus
"A corollary to the populist instincts of president-to-beTrump [i.e., his possible support for some increase to the federalminimum wage] is this issue about removing taxes on tips. This issomething that could certainly happen in 2025 — and it wouldbe the most important effect on the wage and hour practice in theentire time I have been practicing in this area."Welcome to We get work® and the Year Ahead 2025 podcastseries.
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Jan 22, 2025 | 
mondaq.com | Justin Barnes |Eric R. Magnus
JL Jackson Lewis P.C. More Focused on employment and labor law since 1958, Jackson Lewis P.C.’s 1,000+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business.
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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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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 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.
