May 8, 2024 | 
Aigner S. Carr
Mollie G. Mohan
On April 23, 2024, the United States Department of Labor (DOL) released its final rule increasing the minimum salary requirements for exempt (sometimes referred to as “salaried”) employees employed in a “bona fide executive, administrative, or professional capacity (commonly referred to as “white-collar” employees). [1] The final rule increases the minimum salary level from $35,568 per year for exempt employees to $58,656 per year.
The final rule is set to roll out in two waves: Employers are required to increase employees who fall under the “white collar” exemptions to a salary of $844 per week ($43,888 per year) by July 1, 2024 and to a salary of $1,128 per week ($58,656 per year) by January 1, 2025. For Highly Compensated Employees (“HCE”), the minimum salary is increased to $132,964 per year, effective July 1, 2024, and $151,164 effective January 1, 2025.
Jan 10, 2024 | Aigner S. CarrMollie G. Mohan
On January 9, 2024, the U.S. Department of Labor (DOL) issued its final rule regarding how to determine who is an employee versus an independent contractor under the Fair Labor Standards Act (FLSA). The final rule rescinds the DOL’s 2021 Independent Contractor Rule that was published on January 7, 2021. Previously, the DOL announced on March 11, 2021 that this rule would be rescinded and replaced, with the proposed rule being published on October 13, 2022.
Nov 7, 2023 | Aigner S. Carr
On August 30, 2023, the United States Department of Labor (DOL) announced a proposed rule that would increase the minimum salary requirements for individuals employed in a “bona fide executive, administrative, or professional capacity (commonly referred to as the “white-collar” or “EAP exemption”). The DOL received approximately 33,309 comments during the notice and comment period, which closed on November 7, 2023. We are now waiting for the DOL to publish the final version of the rule.
Mar 22, 2021 | Aigner S. Carr
by Aigner Carr As discussed in our prior insight, the Department of Labor (DOL) continues to revise its independent contractor and joint employment rules. As anticipated, the DOL announced on March 11, 2021 a proposal to rescind the Independent Contractor final rule....
Feb 15, 2021 | Aigner S. Carr
by Aigner Carr and Adam Henningsen Employers often struggle with applying various tests to classify workers as employees and independent contractors. Properly classifying workers is important for a myriad of reasons. Only employees are entitled to the benefits and...
