On Friday, June 24, 2024, the business day before the Biden Department of Labor’s new overtime rule was scheduled to take effect, a federal district judge granted the State of Texas’s motion for a preliminary injunction to postpone the effective date of the rule, concluding the rule “is likely unlawful.” Notably, the decision—in State of
DOL Releases Updated Overtime Rule
The DOL released its updated federal overtime rule on April 23, 2024. With limited exceptions, the rule increases the minimum salary for exemption as executive, administrative, or professional (“EAP”) employee from $684 per week ($35,568 annualized) to $844 per week ($43,888 annualized) effective July 1, 2024 and to $1,128 per week ($58,656 annualized) effective January…
Updated Federal Overtime Rule Cleared by White House
The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the updated federal overtime rule on April 10, 2024. We can expect publication of the final rule in the Federal Register any day now, with an effective date likely 60 days after publication.
If the final rule tracks the agency’s proposed…
DOL Releases New Independent Contractor Rule
The U.S. Department of Labor issued its long-awaited new rule on independent contractor classification on January 9, 2024. It will be published in the Federal Register on January 10, and take effect on March 11, 2024.
With only a few substantive clarifications (discussed below), the Final Rule is identical in all material respects to the…
COVID Screening Time Not Compensable, Says Illinois District Court
In an opinion issued on December 7, 2023, a federal district court in the Northern District of Illinois held that time spent in COVID screening activities was not compensable under federal or Illinois law.
In the underlying collective and class action, Johnson v. Amazon.com Services, LLC, the plaintiffs—warehouse employees whose job duties included moving…
Proposed New Federal Overtime Rule: Update
The Notice of Proposed Rulemaking with respect to the U.S. Department of Labor’s proposed updated overtime exemptions rule was published in the Federal Register on September 8, 2023. The 60-day public comment period closes on November 7, 2023. Comments can be submitted electronically here, and all submitted comments can be viewed here.
Proskauer’s …