The Employment Law Counselor

On April 23, 2024, the U.S. Department of Labor (“DOL”) issued its “Defining and Delimiting Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees” Final Rule (the “Final Rule”). Significant revisions include (1) increasing the standard salary level for certain employees; (2) increasing the highly compensated employee total annual compensation threshold for certain employees; and (3) adding to the regulations a mechanism that will allow for the “timely and efficient” updating of the salary compensation ... Continue Reading

On August 16, 2023, the Court of Appeals for the Third Circuit clarified the test courts should use when determining whether workplace uniforms or safety gear are integral and indispensable to an employee's principal activities of employment, and therefore, whether time spent donning and doffing should be compensable under the federal Fair Labor Standards Act (FLSA).Tyger v. Precision Drilling Corp., No. 22-1613, __ F.4th __ (3d Cir., August 16, 2023). The court reversed the District Court for the Middle District of Pennsylvania, which had relied on the Second Circuit’s ... Continue Reading