Posts tagged Fair Labor Standards Act
DOL once again set to tackle joint employer, independent contractor regulations
August 20, 2025 // Meanwhile, DOL in May told the 5th U.S. Circuit Court of Appeals that it would no longer defend the last administration’s rule allowing retirement plan fiduciaries to consider environmental, social and governance, or ESG, factors when making investment decisions from a lawsuit filed by several Republican-led states. In another shift, DOL in June said it would begin issuing opinion letters through five of its subagencies. The agency’s new regime published the first such letter in May on the subject of the independent contractor classification status for virtual marketplace company workers. The letter reinstated a stance DOL previously articulated in a 2019 letter that had been rescinded during the Biden administration.
Pritzker signs union protection bills amid Trump war on federal unions
August 19, 2025 // The signing comes after the Federal Emergency Management Agency joined at least three other federal agencies in canceling contracts with unions to comply with President Trump’s March executive order that stripped many federal workers of union protections.
Federal and State Leaders Take Aim at Empowering America’s Flexible Workforce
July 16, 2025 // However, while federal leaders build support for national reforms to help workers all across America, states are not sitting idle. They know that not only do self-employed workers support greater access to portable benefits, but their residents in general think this warrants policy reforms as well. Instead, many are forging ahead with legal pathways for flexible, portable benefits, maximizing what they can do at the state level in ways that will be further enhanced by federal reforms when they occur. Many states introduced legislation this year to legalize voluntary benefits, but several pioneering states now have laws enacted.
GOP senators unveil legislation to cut taxes on overtime pay in line with Trump’s campaign promise
May 7, 2025 // The Overtime Wages Tax Relief Act, introduced by Sens. Roger Marshall (R-Kan.) and Tommy Tuberville (R-Ala.), would allow individuals to deduct up to $10,000 in overtime pay from their tax bill. Married couples would be able to deduct up to $20,000. The legislation includes phase-out eligibility based on income. So, once individual adjusted gross income reaches $100,000, or $200,000 for married couples, the deduction is reduced by $50 for every $1,000 in earnings above the threshold.
Commentary 2 Bills Cutting Red Tape for Employee Benefits Advance in House
April 28, 2025 // By amending the Fair Labor Standards Act of 1938 to treat child care and elder care subsidies the same as other fixed-cost workplace benefits such as health and life insurance, the Empowering Employer Child and Elder Care Solutions Act (H.R. 2270) would make it easier for employers to provide these benefits without having to include them in workers’ “regular rate” of pay calculations for overtime. This bill was introduced on March 21 by Rep. Mark Messmer, R-Ind., and was reported favorably out of committee on April 9. The Flexibility for Workers’ Education Act (H.R. 2262), introduced by Rep. Ashley Hinson, R-Iowa, would exclude voluntary, employer-provided “upskilling” opportunities from the “hours worked” calculation used to determine overtime pay, so long as employees do not perform work for their employer during that time and the education occurs outside of working hours. This bill was also reported favorably out of committee on April 9.
Give women more choice at work this Equal Pay Day
March 26, 2025 // One action politicians can take to benefit women is to give them more choice in the workplace so that they are compensated in a way that is most valuable to them. For example, some Americans, including many mothers, would prefer additional paid time off rather than additional pay for extra work. Currently, the Fair Labor Standards Act requires that covered nonexempt employees receive overtime pay for working overtime hours. Accumulating paid leave is not an option.
Michigan Republican presses Chavez-DeRemer to rescind Biden-era labor regulations
March 20, 2025 // “I encourage DOL to enforce its laws while providing robust compliance assistance to workers and businesses instead of continuing the enforcement-only approach taken by the Biden-Harris administration,” Walberg said Wednesday to Chavez-DeRemer in a letter shared with The Hill.
Backgrounder: Modern Worker Security Act
March 7, 2025 // Rep. Kiley’s legislation would ensure that the offer of portable benefits by companies would not be a factor in any calculation regarding the classification of a worker under “any federal law”—including the FLSA. The legislation defines portable benefits as a work-related benefit that stays with the worker regardless of whether they continue to perform work for that individual. Such work-related benefits can include “workers’ compensation, skills training, professional development, paid leave, disability coverage, health insurance coverage, retirement savings, income security, and short-term saving” or financial contributions toward such coverage—or a combination thereof.
Bills Introduced in Congress Work to Secure the Right to Work for Independent Professionals
February 27, 2025 // On February 13, California Congressman Kevin Kiley (R) introduced two bills in the House of Representatives that seek to codify and protect independent professionals and contractors. In this 119th Congress, Paul has partnered with two key right-to-work organizations to reintroduce “The National Right to Work Act”: The Institute for the American Worker, and the National Right to Work Foundation.
Former EEOC Commissioner and Acting WHD Administrator Keith Sonderling Announced as Pick for Deputy Secretary of Labor
January 16, 2025 // The deputy secretary of labor serves as the de facto chief operating officer of the DOL, managing an approximately 17,000-person workforce and a $14 billion dollar budget. Further, the deputy manages the politically appointed heads of each agency that falls under the DOL, including vital agencies such as the Occupational Safety and Health Administration, WHD, the Employee Benefits Security Administration, and the Office of Federal Contract Compliance Programs (OFCCP), among others. Sonderling has a track record of prioritizing clear guidance on both traditional issues such as those found in wage and hour law or occupational safety and cutting-edge issues such as the use of artificial intelligence (AI) in the workplace. Sonderling’s record throughout his career provides insight into what employers can expect from Sonderling’s leadership as the deputy secretary of labor.