As of August 1, 2026, 16 states plus Washington, D.C. will have statewide pay transparency laws in effect that require employers to disclose what a job pays, including California, Colorado, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Rhode Island, Vermont, Virginia, and Washington. This number is only growing, as Delaware’s
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
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
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)
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
As technology continues to evolve, so do the dynamics of labor and employment. The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) recently issued Field Assistance Bulletin No. 2024-1 (FAB 2024-1). FAB 2024-1 is a groundbreaking document shedding light on how the DOL thinks artificial intelligence (AI) and automated
Remember the 2021 Independent Contractor Rule? Well, forget it or at least most of it. Last week, the DOL published a new final rule for independent contractor status under the Fair Labor Standards Act (the New Rule). The New Rule rescinds the 2021 rule and provides guidance on how to analyze whether an individual should
Last week, the Equal Employment Opportunity Commission (EEOC) and the United States Department of Labor’s Wage and Hour Division (DOL) issued a memorandum of understanding (MOU) that announced they are partnering for the purpose of information sharing and joint investigations. As you know, the EEOC investigates and enforces allegations of discrimination and retaliation under Title