FLSA Developments: DOL and the Courts

The Practical Lawyer February 2019

Paul DeCamp, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC office, co-authored an article in The Practical Lawyer, titled “FLSA Developments: DOL and the Courts.”

Following is an excerpt (see below to download the full version in PDF format):

For a statute that witnessed the eightieth anniversary of its passage this June, the Fair Labor Standards Act (the FLSA) has undergone an extraordinary series of developments over the past twelve months. This paper begins by addressing the recent decision by the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) to resume issuing opinion letters after a hiatus of more than nine years. Next, we provide an update on WHD’s efforts to revise the salary requirements of the executive, administrative, and professional exemptions. We then turn to Congress’s amendment of the FLSA’s provisions relating to tips. We conclude with a discussion of two recent rulings by the Supreme Court that changed the standard for determining employee exempt status and upheld waivers of class and collective actions embodied in arbitration agreements.