The U.S. Department of Labor’s (DOL) Wage and Hour Division welcomed the new year by issuing six new opinion letters on January 5, 2026 — four regarding the Fair Labor Standards Act (FLSA) and two regarding the Family and Medical Leave Act (FMLA). As background, opinion letters explain how the DOL applies federal employment laws
Recently the Department of Labor and Equal Employment Opportunity Commission issued multiple items on national origin discrimination and anti-American bias. These materials signal that the agencies consider any national origin preference — including any actions favoring nonimmigrant visa holders — to be discrimination. Additionally, they make clear that multiple agencies view anti-American actions as an
For those thinking that classifying workers as independent contractors is a cheaper way of doing business, beware. A California court just ordered a home healthcare business to pay $10 million in restitution and civil penalties for misclassifying its home care workers as independent contractors. The judgment in the case states that the company already was
Because our lawmakers were unable to resolve their differences over the federal budget, the United States federal government shutdown on October 1, 2025, and continues to be shutdown. As a result, approximately 750,000 employees are on unpaid leave, and the shutdown has created much uncertainly for various federal agencies, including the Occupational Safety and Health
Are home health and personal care workers eligible for overtime? That is a more complicated question than it first appears. In fact, it could be about to change again as certain providers of home health and personal care workers face a major shift as the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD)
Maybe you are one of the lucky employers who has not been sued in court or received a charge filed with a federal or state agency enforcing employment laws, like the Equal Employment Opportunity Commission (EEOC) or the Department of Labor (DOL). If you have been litigation free so far, chances are that the odds
The call or visit that no employer wants to receive: a Department of Labor representative asking to look at your payroll records. The Fair Labor Standards Act (FLSA) gives the Department of Labor’s Wage and Hour Division (WHD) the authority to seek the payment of unpaid minimum wages or unpaid overtime. In the past, at the
Federal layoffs have been a focal point of President Trump’s administration, drawing both strong support and opposition. On March 15, Trump issued an executive order directing seven federal agencies to make workforce cuts. Among the agencies affected was the Federal Mediation and Conciliation Service. Downsizing this agency could prove problematic for resolving many employer-union disputes
This week President Donald Trump nominated attorney Jonathan Berry to be the next solicitor of the Department of Labor (DOL). Berry worked in the department during the first Trump administration, and he was the sole author of Chapter 18 of Project 2025’s treatise Mandate for Leadership, which contained a set of policy recommendations for
With Thanksgiving right around the corner, now is the perfect time to reflect on things for which we have to be thankful. In the ever-evolving world of labor and employment law, there have been several significant developments over the past year that employers can appreciate.
Here are five key updates for which we are thankful: