Oh It's Just Politics: Texas Federal Court Vacates Biden Administration Increase to FLSA Salary Threshold

A Texas federal court rejected the Department of Labor’s recent increase to the salary threshold applicable to FLSA white-collar exemptions. That’s good news for employers because it will expand the numbers of workers exempt from the FLSA’s overtime and minimum wage requirements. But is this decision a worthy judicial foray into a political decision?

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The Truck Stops Here: DOL’s Enforcement Actions Against Fine Print

The US Department of Labor (“DOL”) announced actions it is taking to combat what it calls “coercive ‘fine print’ provisions” in employment agreements. One such action led to an injunction that barred a company from using its employment agreement to shift the cost of a wage and hour suit onto the very truck drivers who brought the claim. So, be advised—DOL is reading your fine print.

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DOL Announces Federal Contractor Minimum Wage Rates for 2025

The US Department of Labor has issued its announcement of federal contractor minimum wage rates for 2025. For most nonexempt federal contractor employees, the new rate will be $17.75 per hour. However, contractors must review their wage rates across the board to make sure they're in compliance with the multiple minimum wage rates that could apply.

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A Minimalist Opinion Comes Out in the Maximus Bid Protest Case

The Government Accountability Office ("GAO") whiffed in its recent decision in the Maximus Federal Services bid protest. The contractual Labor Harmony Agreement ("LHA") clause violates the FAR neutrality mandates, and a long line of previous decisions says GAO could have stepped up and curbed this excess. It was a missed opportunity for GAO to do the right thing.

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What? Eating Out Again?

Two weeks ago, I wrote about a restaurant that settled a case over the alleged mishandling of tips and poor recordkeeping. While I don't generally hit the same topic back-to-back, I saw a recent Department of Labor lawsuit alleging a restaurant violated almost every wage and hour rule. For some of you, we really need to get back to basics.

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Sporadically Engaged and Indirect Service Employees -- Is There Some Kind of De Minimis Rule When it Comes to SCA Coverage?

Generally , even small periods of time such as a few hours spent working directly on Service Contract Act ("SCA") covered contract, require payment of the prevailing wages and fringe benefits. The SCA adopts the FLSA definition of de miminis working time, which is commonly restricted by DOL to periods of time of less than 10 minutes.

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We Have Met the Enemy… Texas Court Strikes Down FTC Non-Compete Ban

Last week, a Texas Federal Court granted a permanent injunction that strikes down the Federal Trade Commission’s (“FTC”) much-maligned ban on employee non-compete agreements. Many tout this ruling as a HUGE victory for employers. But which employers? Current ones? Future ones? Perhaps “we have met the enemy and he is us” (thanks Walt Kelly and Pogo).

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Things Look Brighter for Military Contractors in the Stock Market Today and for the Civilian Contractors It's Steady As It Goes.

Large government contractors finally appear to be sharing in some of the stock market prosperity. Particularly in the military industrial complex, the market has been rewarded defense contractors with higher valuations. Whether it is the Russian invasion of Ukraine, the turmoil in the Middle East, or just a realization that China is posing a new challenge to American supremacy, military contractors are finally having a moment to celebrate.

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The Deviants Are Agency Actions Which Are Taken Without Securing a FAR Deviation: SCA, DBA and NLRA Additive Contractual Terms

Some changes agencies make to US Government contracts may vary existing rules and thus constitute deviations to the Federal Acquisition Regulation (“FAR”). Deviations to the FAR require approval of the FAR Council. The contracting agency is not free to implement special contract terms which deviate from the FAR without securing that approval.

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