Practical HR Tips, News & Advice. Updated Daily.
In May 2025, the Trump administration’s U.S. Department of Labor (DOL) published guidance saying that it would stop enforcing a Biden-era rule—one that had rescinded a rule created during the first Trump administration—on the factors distinguishing independent contractors from employees. Although the Biden-era rule remains “on the books” for now while the DOL considers replacing […]
Employers do not need to meet a heightened standard of proof to establish an exemption from the minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA), the U.S. Supreme Court ruled in E.M.D. Sales, Inc. v. Carrera, No. 23-217 (Jan. 15, 2025). In a unanimous decision, the Supreme Court clarified that employers […]
On January 10, 2024, the U.S. Department of Labor (DOL)published a new final rule revising its guidance on independent contractor classifications under the Fair Labor Standards Act (FLSA). Effective March 11, 2024, the final rule rescinded a rule from 2021 and implemented a new test for determining whether a worker is an employee or an […]
According to the Equal Employment Opportunity Commission (EEOC), nearly 8% of employers use artificial intelligence (AI) technology to make employment decisions. The prevalence of AI technology in the employment arena shouldn’t surprise HR professionals with long to-do lists. AI can assist with résumé reviews, training, and employee evaluations. While AI can be a powerful tool, it can […]
On November 15, 2024, in a significant ruling that will impact employers across the nation, the U.S. District Court for the Eastern District of Texas struck down the U.S. Department of Labor’s (DOL) new rule that would have required employers to increase the salary-basis threshold under the Fair Labor Standards Act (FLSA). In light of […]
On January 12, 2024, the U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Colorado, New Mexico, Utah, and Wyoming, as well as two other states not included in Mountain West Employment Law Letter) asked the Colorado Supreme Court to clarify whether holiday incentive pay must be included when calculating an employee’s […]
Question: Are there any exceptions to meal and rest break requirements, and are there meal penalties for not allowing staff to take proper breaks? Can we allow employees to waive their meal breaks if they work six hours instead of eight? Answer: This question is mainly controlled by state law. Federal law, for its part, […]
There is something interesting about watching an old, beloved show for the first time years after the release of its final season. You miss the excitement of watching new episodes contemporaneously with other fans. But if the show you’ve chosen months or years after the fact is indeed worth watching, you should enjoy it just […]
Understanding overtime exemptions under the Fair Labor Standards Act (FLSA) can be one of the more challenging responsibilities HR professionals face. The complexity of exempt classifications—particularly for executive, administrative, and professional employees—requires diligence, especially as roles and salary thresholds evolve. On September 11, the Fifth Circuit Court of Appeals’ ruling in Mayfield v. U.S. Department […]
Question: Is there a statute of limitations regarding when employers must inform employees of an overpayment of wages, and can employees be held legally accountable for paying the overpayment back? Answer: The Federal Labor Standards Act (FLSA) doesn’t address how long an employer has to recover overpaid wages. In the absence of federal law, state […]