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 Alexander J. Passantino

Seyfarth Synopsis: The U.S. Department of Labor announced its final rule updating and revising the regulations issued under the Fair Labor Standards Act (FLSA) regarding the earnings thresholds necessary to exempt executive, administrative or professional employees from the FLSA’s minimum wage and overtime pay requirements. The Department simultaneously announced its formal rescission of the 2016
Continue Reading Part 541 Salary Level Increases to $684/Week

By Erin Dougherty Foley and Craig B. Simonsen

The U.S. Department of Labor (DOL), due to pending litigation, had not begun to enforce the Fair Labor Standards Act (FLSA) final rule on protections relating to most home care workers, which rules had an effective date of January 1, 2015. That litigation has now concluded, and the DOL rule has been
Continue Reading DOL Enforcement of Domestic Service Home Care Worker Employment Compliance Begins November 12, 2015

By: Marc R. Jacobs

As we previously reported, during his final hours in office, former Governor Pat Quinn issued an executive order establishing a minimum wage of $10,00 per hour for all Illinois state government contracts. On January 16, Governor Bruce Rauner issued Executive Order 15-11, which rescinded the increase in the minimum wage and several other executive orders
Continue Reading Governor Rauner Rescinds Increase In Illinois Contractors’ Minimum Wage

By: Marc R. Jacobs

On January 12, 2015, during his final hours in office, and without any notice or fanfare, Pat Quinn issued Executive Order 7, establishing a minimum wage of $10.00 per hour for all Illinois state government contracts. The full text of the Executive Order is available here.

The Preamble of the Executive Order states that Illinois’
Continue Reading Executive Order Increases Minimum Wage For Illinois Government Contractors

By Giselle Donado and Sara Eber

Continuing the trend of courts closely scrutinizing the classification of workers in discrete industries, the Supreme Court of Nevada recently reversed summary judgment in favor of a gentlemen’s club and found that the Club’s performers were employees entitled to be compensated at a minimum wage.

In Terry et al. v. Sapphire Gentlemen’s Club,
Continue Reading You Can’t Do That In The Champagne Room! The Supreme Court of Nevada Decides Workplace Rules And Restrictions Render Exotic Dancers Employees Owed Minimum Wages

By: Rob Whitman and Nadia Bandukda

Four states will have a higher minimum wage after voters cast their ballots on Election Day.  Alaska, Arkansas, Nebraska, and South Dakota are the latest states to join 13 others that enacted higher wages earlier this year.  In Arkansas, the minimum hourly wage will increase from $6.25 to $8.50 by 2017.  In Nebraska, it
Continue Reading 2014: The Year of Minimum Wage Increases?

By: Jason J. Englund and Giselle Donado

A collective action filed last month in the Southern District of Indiana seeks unpaid wages on behalf of NCAA college athletes, claiming that student athletes are “employees” under the Fair Labor Standard Act and entitled to at least the minimum wage.  A former women’s soccer player at the University of Houston filed the
Continue Reading FLSA vs. NCAA: New Minimum Wage Action Levels Latest Attack on Amateur Status of College Athletes