The Fair Labor Standards Act was one of the earliest American workplace laws to contain an explicit anti-retaliation provision. Modeled after the anti-retaliation provisions in other New Deal legislation, including the National Labor Relations Act enacted just three years prior, the FLSA’s original text in 1938 made it unlawful “for any person … to discharge
Senate Restores EEOC Quorum and Appoints New Wage and Hour Division Leader
On October 7, 2025, the Senate approved two key employment agency nominations, confirming Brittany Panuccio to the U.S. Equal Employment Opportunity Commission (“EEOC”) and Andrew Rogers to lead the Wage and Hour Division within the U.S. Department of Labor (“DOL”).
Panuccio’s appointment restores a Republican majority at the EEOC, while Rogers’s confirmation returns a former
Labor Law Amendments Limit Damages for Violation of New York’s Weekly Pay Law
As we’ve blogged on previously, there’s a split in the New York intermediate-level appellate courts as to whether a private right of action exists for a violation of Labor Law § 191(1)(a), which—absent a waiver by the Commissioner of Labor—requires New York employers to pay “manual workers” no less frequently than weekly.
In
DOL’s Power to Set Salary Minimum for Overtime Exemption Ripe for SCOTUS Review
On February 14, 2025, the Fifth Circuit denied the appellants’ petition for rehearing en banc in Mayfield v. United States Dep’t of Labor—a September 2024 decision holding that the U.S. Department of Labor’s authority to “define” and “delimit” the terms of the Fair Labor Standards Act’s executive, administrative, and professional (EAP) exemptions includes the