A recent opinion letter from the U.S. Department of Labor, Wage and Hour Division (WHD), FLSA2026-5, offers a helpful reminder for employers managing exempt classifications — particularly in workplaces where employees may perform a mix of exempt and non-exempt work.
The key takeaway: An employee does not lose exempt status simply because they perform
On June 3, 2026, the U.S. Court of Appeals for the Third Circuit issued a significant precedential decision in Secretary U. S. Department of Labor v. Comprehensive Healthcare Management Services LLC, No. 24-2842, 2026 WL 1582064 (3d Cir. June 3, 2026), narrowing the scope of wage-and-hour liability under the Fair Labor Standards Act
The U.S. Department of Labor (DOL) and White House have an overarching message for workplaces: Artificial intelligence is here to stay — and it’s not a matter of if, but rather when and how, you incorporate it into your business. As businesses’ internal software platforms are rapidly being retrofitted with AI capabilities, the DOL
As the Department of Labor’s (DOL) composition ebbs and flows from administration to administration, so does the guidance employers receive on one of the most challenging questions in workforce management: Should workers be classified as W-2 employees or as 1099 independent contractors?
On February 26, 2026, the DOL’s Wage and Hour Division announced a proposed
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