DOL Enforcement

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By Rachel V. See and Annette Tyman

Seyfarth Synopsis: On April 29, 2024, the Department of Labor published extensive guidance on the use of artificial intelligence in hiring and employment. While the guidance is addressed to federal contractors, all private-sector employers using or considering using artificial intelligence should pay attention. The guidance makes clear that long-standing nondiscrimination principles fully…

Continue Reading Department of Labor Issues Comprehensive Artificial Intelligence “Promising Practices” Designed to Avoid Bias: All Employers Should Take Note

By Ariel D. Fenster, A. Scott Hecker, and Kevin M. Young

Seyfarth synopsis: Yesterday, the U.S. DOL unveiled its final overtime rule. The rule significantly increases the minimum salary for so-called “white collar” employees to be exempt from the federal FLSA’s overtime pay requirements. This development requires attention from virtually all employers.

The DOL’s final overtime rule, Defining…

Continue Reading U.S. DOL Releases Final Overtime Rule—Effective July 2024
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By A. Scott Hecker

Seyfarth Synopsis: On December 6, 2023, the Biden Administration announced the release of its Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions. The U.S. Department of Labor’s Wage and Hour Division continues to pursue – with frequent delays – a number of significant rulemakings, including the Division’s proposed increase to the minimum salary level for white-collar…

Continue Reading The Biden Administration Issued Its Fall 2023 Regulatory Agenda – What Can We Expect From the DOL Wage and Hour Division’s Rulemakings?

By Rachel V. See, Christopher J. DeGroff, and Andrew L. Scroggins

Seyfarth Synopsis: The EEOC and the Department of Labor Wage Hour Division (WHD) have taken an important step toward inter-agency coordination, committing to information sharing, joint investigations, training, and public outreach. The Memorandum of Understanding between the EEOC and DOL contemplates referring complaints between the two agencies…

Continue Reading EEOC and DOL Join Forces – What the Alliance Means for Employers

By Kevin Young, Brett Bartlett, Scott Hecker, Noah Finkel, and Leon Rodriguez

Seyfarth Synopsis: Just days before Labor Day, the U.S. Department of Labor (“DOL”) unveiled its Notice of Proposed Rulemaking (“NPRM”), aimed at revising the Fair Labor Standards Act’s overtime exemptions for executive, administrative, and professional employees. While the proposal—the cornerstone of which is…

Continue Reading DOL Delivers a Proposed Salary Bump to FLSA Overtime Thresholds for Labor Day

By A. Scott Hecker and Noah A. Finkel

Seyfarth Synopsis: On June 13, 2023, the Biden Administration announced the release of its Spring 2023 Unified Agenda of Regulatory and Deregulatory Actions (the 2022 Fall Agenda was issued in January 2023). In connection with the Administration’s new regulatory agenda, the U.S. Department of Labor’s Wage and Hour Division continues to pursue a…

Continue Reading The Biden Administration Issued Its Spring 2023 Regulatory Agenda . . . in (Late) Spring 2023! What’s in the Works for DOL Rulemaking, Including on a New Minimum Salary for Exempt Employees?
By Ada Dolph, Annette Tyman, Danielle Kays, Sam Schwartz-Fenwick, Sara Fowler, and Tom Posey

About the Progam
A lot can change in a year, especially during an election year! On a national level, as well as a state and local level, there have been many recent labor and employment law changes and even more changes
… Continue Reading Where We Came From and Where We’re Going: What Does 2023 Have in Store for Labor & Employment Laws?

By Alex Passantino

Seyfarth Synopsis: The Department of Labor’s Wage & Hour Division announced its long-awaited proposed rule related to the FLSA’s tip provisions. The rule would implement statutory changes passed in March 2018; it also would elevate certain WHD policy guidance into regulation.

The legislative changes come from the Tip Income Protection Act, which was passed as part of…

Continue Reading WHD Releases Proposed Rule on Tipped Employees

By Abigail Cahak and Noah Finkel

Seyfarth Synopsis: The DOL has reissued a long-awaited opinion letter withdrawing its previous 20% tip credit rule and making clear that “no limit is placed on the amount of [related but non-tipped] duties that may be performed,” so long as they are performed “contemporaneously with the duties involving direct service or for a reasonable …
Continue Reading Check, Please! DOL Issues Opinion Letter Ending Its 20% Tip Credit Rule

By Robert Whitman

Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit.

In a decision that surprised no one who has followed the litigation of wage hour claims by interns, the US Department of Labor has abandoned its ill-fated six-part test for…
Continue Reading DOL Bids Adieu to Six-Factor Internship Test