Justin Barnes

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.

Jan 15, 2025 | jdsupra.com | Justin Barnes |Laura Mitchell

The Supreme Court on Monday, Jan. 13, 2025, declined to take up a decision addressing the president’s authority under the Procurement Act to issue a minimum wage mandate for employees working on federal government contracts. The denial of the petition for certiorari keeps a circuit split intact, and leaves federal contractors to navigate the wage mandate’s uncertain legal status while complying with the latest minimum wage hike to $17.75 per hour, which took effect Jan. 1.

Dec 10, 2024 | mondaq.com | Justin Barnes

The U.S. Department of Labor (DOL) has issued a proposed rule to end the practice of paying subminimum wages to certain workers with disabilities. The proposed rule, announced December 3, 2024, marks the first rulemaking related to the subminimum wage in 35 years, although the regulation had been included in the DOL's long-term regulatory agenda "for many years," the DOL notes. The subminimum wage regulation saw its last substantive update in 1989.

Dec 9, 2024 | jdsupra.com | Justin Barnes

The U.S. Department of Labor (DOL) has issued a proposed rule to end the practice of paying subminimum wages to certain workers with disabilities. The proposed rule, announced December 3, 2024, marks the first rulemaking related to the subminimum wage in 35 years, although the regulation had been included in the DOL’s long-term regulatory agenda “for many years,” the DOL notes. The subminimum wage regulation saw its last substantive update in 1989.

Dec 8, 2024 | openlegalblogarchive.org | Justin Barnes

The U.S. Department of Labor (DOL) has issued a proposed rule to end the practice of paying subminimum wages to certain workers with disabilities. The proposed rule, announced December 3, 2024, marks the first rulemaking related to the subminimum wage in 35 years, although the regulation had been included in the DOL’s long-term regulatory agenda “for many years,” the DOL notes. The subminimum wage regulation saw its last substantive update in 1989.