Department of Labor Issues Rule Raising Salary Level for Exempt Employees

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

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April 1st – USCIS Announces H-1B Cap Lottery Registration Selections Completed and New Filing Fees and Forms Implemented

On April 1, 2024, USCIS announced that it has received enough electronic H-1B cap registrations during the “initial registration period” to reach the fiscal year (FY) 2025 H-1B cap.  It is uncertain whether there will be subsequent H-1B cap selections, based on the actual filings with USCIS. USCIS will begin accepting H-1B cap petitions as of today, and selected registrants must file their petitions within the filing timeline provided in their selection notice, which will be no more than 90

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Department of Labor Announces Independent Contractor Final Rule

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 Previously, the DOL announced on March 11, 2021 that this rule would be rescinded and replaced, with the proposed rule being published on October 13, 2022.

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Comment Period Closes for Proposed FLSA Regulation Updating Salary Level

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.

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