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Articles Posted in Wage and Hour

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Trump Rescinds Biden’s Labor Orders: What It Means for Federal Contractors

On March 14, 2025, President Trump revoked two significant Biden-era executive orders, bringing major changes to federal contracting policies: Executive Order 14026 (Increasing the Minimum Wage for Federal Contractors) – Issued by President Biden in 2021, this order raised the minimum wage for federal contractors to $15 per hour, with…

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Are You Paying Employees Correctly? The Travel Time Rule You Can’t Ignore!

The Fair Labor Standards Act has been known to trip up HR professionals and employer lawyers, too. Payment for travel time, for example, can have several variables, such as when, where, why, and how. However, a recent Third Circuit decision clarified when, if ever, an employee’s travel time between client…

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Splish Splash, That’s Not Your Cash! New DOL Guidance Keeps Managers out of the Tip Pool.

Navigating the maze of wage laws can sometimes feel like playing a high-stakes game of “gotcha,” especially for restaurant operators. A recent opinion letter from the Department of Labor (DOL) clarifies when managers and supervisors can participate in tip pools if they perform the same duties and responsibilities as other…

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FLSA Exemptions For Employers: Now 40% Less Daunting, 100% Still Your Problem

Last week, the Supreme Court clarified employers can show how certain employees don’t need to be paid overtime or minimum wage under the Fair Labor Standards Act (FLSA) Spoiler alert: it’s not as tough as some courts thought. Why Did This Case Happen? The case involved sales representatives for a…

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Must companies pay employees for time they spend lollygagging on the job?

In a recent precedential decision, the Third Circuit Court of Appeals addressed a critical issue for employers: whether they must compensate employees for the actual time spent on work-related activities, even if they are lollygagging. Or can an employer comply with the Fair Labor Standards Act (FLSA) by paying employees…

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Join me and my friends on Wednesday, December 11 for HR Festivus. (And it’s free)

At Noon ET, Amy Epstein Gluck, Michael Elkins, and I will present “What the Legal Landscape Looks Like for 2025.” Come hang with us for an hour while we cover key legal updates for 2025. Our friends at HR Learns, who are hosting this event, have pre-approved our sesh for…

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Three lessons for employers from Lizzo’s employment litigation

Last year, several media outlets reported about a lawsuit that a clothing designer who worked for Lizzo and her touring company had asserted against them and another individual. That lawsuit included several claims under state law for discrimination, retaliation, and assault, among others. On paper, it didn’t sound good for…

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Can employers pay inflated expenses to employees and avoid counting them towards overtime?

Suppose you commonly reimburse employees for certain expenses like mileage, meals, or equipment. Suppose instead of paying them the usual rate of “x,” you decide to pay them significantly more, like maybe “4x” for those expenses. Can you do so and exclude those payments from the employee’s regular rate of…

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What should employers know about Lori Chavez-DeRemer, Trump’s pick to run the DOL?

Credit: Lori Chavez-DeRemer on Instagram If you had your money on President-Elect Trump selecting a pro-labor Republican with support from several unions to run the U.S. Department of Labor, you and I should go to Vegas together so I can ride your coattails. On Friday, President-elect Donald Trump tapped Oregon…

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Join us today at Noon ET on Zoom to learn how November’s election results may impact employment laws in 2025

In the wake of election results earlier this month that will result in a Republican president and a Republican-controlled Congress in 2025, it’s reasonable to expect some changes in employment law. I’ve assembled an all-star panel of employment lawyers to explore them, including my partners Amy Epstein Gluck and Dessi Day and two…