In the new year, New York State is set to increase its minimum wage and overtime exemption salary thresholds. The increase in minimum wage is a part of a broader budget legislation signed by Governor Kathy Hochul in May 2023 which mandated an annual increase in the minimum wage by $0.50. Similarly, the increase in the overtime exemption salary threshold is part of regulations proposed and adopted by the New York Department of Labor in 2023.Continue Reading 2026 Wage Updates for New York State
On October 30, 2025, the Nevada Supreme Court issued an important decision in Amazon.com Services, LLC v. Malloy when it concluded that Nevada’s wage and hour laws do not incorporate the federal Portal-to-Portal Act of 1947 (PPA). 29 U.S.C. §§ 251–62. This decision adds a layer of complexity to employers’ continued attempts to comply with myriad differences in federal and state wage and hour laws across the country.Continue Reading Nevada Supreme Court Holds That State Wage and Hour Laws Do Not Incorporate the Federal Portal-to-Portal Act
On September 15, 2025, the Colorado Supreme Court issued a highly anticipated ruling in By the Rockies v. Perez, clarifying that the statute of limitations for claims under the state’s Minimum Wage Act is two years, or three years for a willful violation. This employer-friendly ruling reversed a Colorado Court of Appeals decision holding that plaintiffs have six years to bring such a claim.Continue Reading Colorado Supreme Court Shortens the Statute of Limitations for Colorado Minimum Wage Act Claims
As we discussed here, on July 4, 2025, President Donald Trump signed the “One Big Beautiful Bill” Act (OBBBA) into law, which included a provision establishing a new temporary above-the-line tax deduction for “qualified tip income” through at least the 2028 tax year. When we previously discussed the deduction for qualified tip income, the IRS had not yet published its list of individuals who are eligible for the deduction—i.e., anyone who is “in an occupation which customarily and regularly receive[s] tips.”
We now have that guidance.Continue Reading Treasury Department Issues List of Jobs Qualifying for New Tip Income Deduction Under “One Big Beautiful Bill” Act
On July 1, 2025, the U.S. Court of Appeals for the Ninth Circuit joined the majority of federal appellate courts holding that courts must establish personal jurisdiction over the claims of each member of a collective action under the Fair Labor Standards Act (FLSA).Continue Reading Ninth Circuit Weighs In On Circuit Split Involving FLSA Collective Action Jurisdictional Requirements
On June 2, 2025, the U.S. Department of Labor (DOL) announced the relaunching and expansion of its opinion letter program (Program). The Program is designed to help the public understand their compliance obligations through opinion letters, which are formal, written guidance on how a DOL enforcement agency would apply federal labor law in a specific workplace situation. These letters can be requested by anyone and address various workplace scenarios, such as how to apply existing law to novel or ambiguous legal issues.Continue Reading U.S. Department of Labor Announces Relaunch & Expansion of Its Opinion Letter Program
On May 1, 2025, the U.S. Department of Labor (DOL) published FAB No. 2025-1, providing guidance to its field staff on the analysis to apply when determining whether a worker is an independent contractor or employee for purposes of Fair Labor Standards Act (FLSA) enforcement.
The independent contractor vs. employee analysis under the FLSA has fluctuated for more than a decade. The applicable analysis has always revolved around the economic realities test, but the focus of the test has shifted.Continue Reading U.S. Department of Labor Issues New FLSA Independent Contractor Guidance
On April 1, 2025, the U.S. Court of Appeals for the Sixth Circuit issued an important decision in Pickens v. Hamilton-Ryker IT Solutions, LLC regarding what it means to be paid on a “weekly basis” for purposes of the salary-basis test, a key factor in determining whether an employee is properly classified as “exempt” from the Fair Labor Standards Act’s (FLSA) overtime requirements.Continue Reading Sixth Circuit Clarifies Requirements for a Salaried Employee to Be “Paid on a Weekly Basis” Under the FLSA.
On February 12, 2025, the U.S. District Court for the District of Oregon issued an important decision in Porteous v. Flowers Foods, Inc. regarding the enforceability of class and collective action waivers contained in otherwise unenforceable arbitration agreements.Continue Reading Federal District Court Says Class and Collective Action Waiver Survives Unenforceable Arbitration Agreement
In August 2024, we reported on the highly anticipated opinion in Restaurant Law Center v. U.S. Department of Labor, 115 F.4th 396 (5th Cir. 2024), in which the Fifth Circuit vacated the 2021 Dual Jobs Final Rule as arbitrary, capricious, and contrary to the text of the Fair Labor Standards Act (FLSA). In light of that decision, the U.S. Department of Labor (DOL) recently published a new Final Rule eliminating the 2021 Dual Jobs Final Rule—commonly referred to as the “80/20/30” rule—from the Code of Federal Regulations (CFR). This is a technical amendment that reinstates the DOL’s original dual jobs regulation and restores the CFR to its pre-2021 language based on the 1967 dual jobs regulation.Continue Reading DOL Returns to Prior Dual Jobs Regulation for Tipped Employees