On October 7, 2026, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published a notice withdrawing its July 2025 proposal to strip nine parts of longstanding Fair Labor Standards Act (FLSA) interpretive guidance out of the Code of Federal Regulations (CFR). The proposal is dead, and the guidance stays right
Well, that’s that.
The U.S. Department of Labor has issued a final rule, scheduled for publication in the Federal Register on May 15, 2026, formally removing the regulatory text from the now-vacated 2024 overtime rule and restoring the Part 541 regulations as they existed before that rule took effect.
As we previously reported
On May 4, 2026, the Second Circuit joined the Third, Sixth, Seventh, Eighth, and Ninth Circuits in holding that a district court may not authorize notice to out-of-state potential opt-in plaintiffs in an FLSA collective action unless the court has personal jurisdiction over the defendant with respect to those workers’ claims.
Quick Hit: On March 26, 2026, President Trump signed an Executive Order titled “Addressing DEI Discrimination by Federal Contractors” (the “Order”) which mandates the inclusion of a new clause (the “Clause”) in all covered federal contracts and contract-like instruments prohibiting federal contractors from engaging in “racially discriminatory DEI activities.” The Order directs agencies