Law/Legal
Here's a look at documents from law firms and legal groups
Featured Stories
Samantha Lauri and Kenneth Page Author Article Dissecting Potential Impact of Mamdani Estate Tax Proposals in the New York Law Journal
NEW YORK, May 16 -- Hughes Hubbard and Reed, a law firm, issued the following news:
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Samantha Lauri and Kenneth Page Author Article Dissecting Potential Impact of Mamdani Estate Tax Proposals in the New York Law Journal
Highlights
* The article breaks down potential impacts of new estate tax proposals by New York City Mayor Zohran Mamdani and New York Governor Kathy Hochul.
* The authors explore how these proposals could expand estate tax exposure for both residents and nonresidents and highlight the importance of proactive estate planning.
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Samantha Lauri and Kenneth Page authored
... Show Full Article
NEW YORK, May 16 -- Hughes Hubbard and Reed, a law firm, issued the following news:
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Samantha Lauri and Kenneth Page Author Article Dissecting Potential Impact of Mamdani Estate Tax Proposals in the New York Law Journal
Highlights
* The article breaks down potential impacts of new estate tax proposals by New York City Mayor Zohran Mamdani and New York Governor Kathy Hochul.
* The authors explore how these proposals could expand estate tax exposure for both residents and nonresidents and highlight the importance of proactive estate planning.
*
Samantha Lauri and Kenneth Page authoredan article for the New York Law Journal on the potential impacts of new estate tax proposals by New York City Mayor Zohran Mamdani and New York Governor Kathy Hochul.
The proposals are aimed at addressing New York City's budget gap and include a significantly reduced estate tax exemption, increased rates and new elements affecting nonresident property owners.
The article explores how these proposals could expand estate tax exposure for both residents and nonresidents, create liquidity challenges for estates, and influence property ownership and planning decisions.
"New York estate tax is generally due within nine months of a decedent's death," the authors write. "If the recent proposals were enacted, more estates could face liquidity challenges, potentially requiring the sale of assets on an expedited basis in order to satisfy estate tax obligations and avoid interest and penalties."
Lauri and Page also highlight key considerations for individuals, including the importance of proactive estate planning in light of potential changes to exemption thresholds, tax rates and property-related surcharges.
"In this environment, thoughtful estate planning, undertaken well in advance, can provide flexibility, mitigate tax exposure, and help preserve family wealth across generations," the article stated. "Common techniques include lifetime gifting to remove assets and future appreciation from the taxable estate, the use of irrevocable trusts to shift wealth to future generations, and spousal planning strategies that fully utilize available estate tax exemptions."
Read the article (https://www.law.com/newyorklawjournal/2026/05/14/potential-impact-of-proposed-changes-to-new-york-estate-and-property-taxes/?slreturn=20260515103802).
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Featured Lawyers
Samantha Lauri
Associate
E: samantha.lauri@hugheshubbard.com
T: +1 (212) 837-6607
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Kenneth Page
Senior Counsel
E: kenneth.page@hugheshubbard.com
T: +1 (212) 837-6440
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Original text here: https://www.hugheshubbard.com/news-insights/insights/samantha-lauri-and-kenneth-page-author-article-dissecting-potential-impact-of-mamdani-estate-tax-proposals-in-the-new-york-law-journal
[Category: BizLaw/Legal]
Nixon Peabody Partner Jenny Holmes Receives Rochester Business Journal 'Women of Excellence' Honor
ALBANY, New York, May 16 -- Nixon Peabody, a law firm, issued the following news release:
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Nixon Peabody partner Jenny Holmes receives Rochester Business Journal 'Women of Excellence' honor
Rochester, NY. Nixon Peabody LLP is proud to announce that the Rochester Business Journal has selected attorney Jenny Holmes as one of the publication's 2026 "Women of Excellence" honorees.
Jenny is a Rochester-based partner in Nixon Peabody's Privacy & Technology practice, and she serves as deputy leader of the AmLaw 100 firm's Cybersecurity & Privacy team. Jenny advises clients on the ever-changing
... Show Full Article
ALBANY, New York, May 16 -- Nixon Peabody, a law firm, issued the following news release:
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Nixon Peabody partner Jenny Holmes receives Rochester Business Journal 'Women of Excellence' honor
Rochester, NY. Nixon Peabody LLP is proud to announce that the Rochester Business Journal has selected attorney Jenny Holmes as one of the publication's 2026 "Women of Excellence" honorees.
Jenny is a Rochester-based partner in Nixon Peabody's Privacy & Technology practice, and she serves as deputy leader of the AmLaw 100 firm's Cybersecurity & Privacy team. Jenny advises clients on the ever-changinglegal landscape of data privacy and cybersecurity law. She develops and implements system-wide privacy and security plans and creates response plans that address the mandates of the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and the NY SHIELD Act, among others. In addition to her role as deputy practice group leader, Jenny serves as an Attorney Development and Performance Partner.
Outside the office, Jenny serves on the Board of Directors for the Child Advocacy Center of Greater Rochester and is a member of the Monroe County, New York State, and American bar associations.
The Rochester Business Journal's "Women of Excellence" identifies high-achieving women for their tremendous career accomplishments. The women are selected based on their professional experience, community involvement, leadership, and sustained commitment to mentoring.
Jenny and her fellow honorees were recognized at an awards celebration on May 14, 2026, at the Rochester Riverside Convention Center. To learn more about the 2026 "Women of Excellence" honorees, click here (https://rbj.net/event/women-of-excellence/).
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Original text here: https://www.nixonpeabody.com/about/media/2026/05/15/nixon-peabody-partner-jenny-holmes-receives-rochester-business-journal-women-of-excellence-honor
[Category: BizLaw/Legal]
Littler: Policy Week in Review - May 15, 2026
SAN FRANCISCO, California, May 16 -- Littler, a law firm, issued the following news:
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Policy Week in Review - May 15, 2026
Congressional and Administrative News
At a Glance
The Policy Week in Review, prepared by Littler's Workplace Policy Institute (WPI), sets forth WPI's updates on federal legislation, regulations, and congressional activity affecting the workplace.
By Shannon Meade, Jim Paretti, Alex MacDonald, and Maury Baskin
DOL Rescinds Biden-Era Overtime Rule
On May 14, the U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) issued a technical amendment designed to
... Show Full Article
SAN FRANCISCO, California, May 16 -- Littler, a law firm, issued the following news:
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Policy Week in Review - May 15, 2026
Congressional and Administrative News
At a Glance
The Policy Week in Review, prepared by Littler's Workplace Policy Institute (WPI), sets forth WPI's updates on federal legislation, regulations, and congressional activity affecting the workplace.
By Shannon Meade, Jim Paretti, Alex MacDonald, and Maury Baskin
DOL Rescinds Biden-Era Overtime Rule
On May 14, the U.S. Department of Labor's (DOL) Wage and Hour Division (WHD) issued a technical amendment designed tounwind the Biden-era regulation and restore the 2019 Trump-era regulation establishing the salary level needed to qualify for the Fair Labor Standards Act (FLSA) "white collar" overtime exemptions. For further Littler analysis, read here. It is unclear if the DOL will revisit the 2019 rule and pursue a new rulemaking.
Discharge Petition on "Faster Labor Contracts Act" Closer to 218-Signature Threshold
As previously reported, the Discharge Petition (H.Res. 1140) filed by Representative Donald Norcross (D-NJ) to bypass committee consideration and force a House floor vote on union-backed H.R. 5408, the "Faster Labor Contracts Act" (imposing binding interest arbitration), continues to gather signatures. As of this writing, 214 House members have signed on, including Republican members Michael Lawler (R-NY), Max Miller (R-OH), Robert Bresnahan (R-PA), and Brian Fitzpatrick (R-PA). A total of 218 signatures is required, which means only 4 more signatures are needed. The business community, including WPI, is actively opposing the legislation in the House and Senate.
House Subcommittee Hearing Examines Workplace Safety
On May 13, the House Subcommittee on Workforce Protections Chair Ryan Mackenzie (R-PA) held a hearing titled, "Building a Safer Future: Private-Sector Strategies for Emerging Safety Issues," to examine workplace safety. Chair Mackenzie highlighted the importance of updating safety policies as workplaces change and adopt new technologies.
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Authors
Shannon Meade
Executive Director, Workplace Policy Institute
Washington, D.C.
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James A. Paretti
Shareholder
Washington, D.C.
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Alexander T. MacDonald
Shareholder
Washington, D.C.
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Maury Baskin
Shareholder
Washington, D.C.
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Original text here: https://www.littler.com/news-analysis/asap/policy-week-review-may-15-2026
[Category: BizLaw/Legal]
Jonathan Yarowsky Named Among DC's Most Influential People Shaping Policy by Washingtonian Magazine for the Fifth Consecutive Year
WASHINGTON, May 16 -- WilmerHale, a law firm, issued the following news:
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Jonathan Yarowsky Named Among DC's Most Influential People Shaping Policy by Washingtonian Magazine for the Fifth Consecutive Year
For the fifth consecutive year, Washingtonian Magazine has named Partner Jonathan Yarowsky to its list of 2026 Most Influential People Shaping Policy.
The list highlights the top 500 individuals who utilize their deep subject-matter expertise and significant understanding of the city's innerworkings to drive policy.
Yarowsky, who co-chairs WilmerHale's Public Policy and Legislative
... Show Full Article
WASHINGTON, May 16 -- WilmerHale, a law firm, issued the following news:
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Jonathan Yarowsky Named Among DC's Most Influential People Shaping Policy by Washingtonian Magazine for the Fifth Consecutive Year
For the fifth consecutive year, Washingtonian Magazine has named Partner Jonathan Yarowsky to its list of 2026 Most Influential People Shaping Policy.
The list highlights the top 500 individuals who utilize their deep subject-matter expertise and significant understanding of the city's innerworkings to drive policy.
Yarowsky, who co-chairs WilmerHale's Public Policy and LegislativeAffairs Practice, is one of ten individuals to make the list in the antitrust category, and one of only a few individuals to make the list for the fifth consecutive year across both the Biden and Trump Administrations.
Yarowsky provides clients with strategic counsel and multi-branch advocacy across a broad array of policy areas. Over the course of his career, Yarowsky has combined his government experience and varied policy background to build a multi-dimensional practice that spans not only legislative and regulatory strategy and advocacy but also congressional investigations and administrative practice and procedure.
View the full list (https://washingtonian.com/2026/05/05/washington-dcs-500-most-influential-people-of-2026/).
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Original text here: https://www.wilmerhale.com/en/insights/news/20260515-jonathan-yarowsky-named-among-dcs-most-influential-people-shaping-policy-by-washingtonian-magazine-for-the-fifth-consecutive-year
[Category: BizLaw/Legal]
Fisher Phillips Issues Insight: FP Visa Bulletin for June - Final Action Chart and an Employer's Immigration Action Plan
ATLANTA, Georgia, May 16 -- Fisher Phillips, a law firm, issued the following insight on May 15, 2026:
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The FP Visa Bulletin for June: Final Action Chart and an Employer's Immigration Action Plan
Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This Insight reviews June's release to help employers determine whether and when you should provide corresponding notifications to any of your foreign-national employees to assist with
... Show Full Article
ATLANTA, Georgia, May 16 -- Fisher Phillips, a law firm, issued the following insight on May 15, 2026:
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The FP Visa Bulletin for June: Final Action Chart and an Employer's Immigration Action Plan
Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This Insight reviews June's release to help employers determine whether and when you should provide corresponding notifications to any of your foreign-national employees to assist withtheir efforts. You'll also find a specific action plan so you can adapt your immigration strategy given this month's information. If you want to ensure you follow compliant processes to address your critical workforce needs in a timely manner, read on.
June Dates: An Overview
The Visa Bulletin includes a list of dates informing overseas immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to move forward with the consular stamping process. These dates are also used to determine eligibility for Adjustment of Status to Lawful Permanent Residence with U.S. Citizenship and Immigration Services (USCIS) for applicants who are already physically present in the US.
USCIS announced that it will follow the State Department's Final Action chart, published in the June Visa Bulletin, to determine whether candidates are eligible to submit an employment-based Adjustment of Status application for that month. To determine potential eligibility for filing of an employment-based Adjustment of Status application, dates that appear in this chart must be compared with an employee's immigration priority date, as shown on their earliest available I-797 Notice of Action (Receipt Notice) issued by USCIS for any EB-1, EB-2, or EB-3 (I-140) Immigrant Petition filed on their behalf by a sponsoring employer.
The June 2026 Visa Bulletin introduces notable retrogression for Indian nationals, with the EB-1 Final Action Date moving back approximately 15 weeks to December 15, 2022, and the EB-2 Final Action Date retrogressing roughly 45 weeks to September 1, 2013. Indian EB-3, however, advances modestly by about four weeks to December 15, 2013.
Chinese nationals see no movement in EB-1 or EB-2, but the EB-3 Final Action Date advances approximately six weeks to August 1, 2021, and Chinese Other Workers advances about two months to April 1, 2019. All other chargeability areas remain unchanged across EB-1 (current), EB-2 (current), and EB-3 (June 1, 2024).
USCIS has confirmed it will use the Final Action Dates chart to determine eligibility for employment-based adjustment of status filings in June, meaning an application may only be filed for a candidate whose priority date is earlier than the listed cutoff date for their preference category and country of chargeability, or whose category is otherwise listed as current.
Movement in Employment-Based Preference Classes for June
Employers with foreign nationals who are currently eligible to file Adjustment of Status applications should re-evaluate filing prior to month end, particularly for Indian nationals, as there is significant retrogression in EB-1 and EB-2 India, while most other categories remain unchanged from May.
EB-1
* EB-1 remains current for All Chargeability Areas, Mexico, and Philippines
* EB-1 China remains unchanged with a priority date of April 1, 2023
* EB-1 India retrogresses four months with a priority date of December 15, 2022
EB-2
* EB-2 remains current for All Chargeability Areas, Mexico, and Philippines
* EB-2 China remains unchanged with a priority date of September 1, 2021
* EB-2 India retrogresses almost one year with a priority date of September 1, 2013
EB-3
* EB-3 All Chargeability Areas and Mexico remain unchanged with a priority date of June 1, 2024
* EB-3 China advances two months with a priority date of August 1, 2021
* EB-3 India advances one month with a priority date of December 15, 2013
* EB-3 Philippines remains unchanged with a priority date of August 1, 2023
Final Action Chart
The recently announced Final Action Chart for EB-1, EB-2 and EB-3 appear in the table below. Please note this table can always change, so check here for the most accurate and updated information before acting on these dates.
Employment-based ... All Chargeability Areas Except Those Listed ... CHINA-mainland born ... INDIA ... MEXICO ... PHILIPPINES
1st ... C ... 01APR23 ... 15DEC22 ... C ... C
2nd ... C ... 01SEP21 ... 01SEP13 ... C ... C
3rd ... 01JUN24 ... 01AUG21 ... 15DEC13 ... 01JUN24 ... 01AUG23
What Should You Do? Your Action Plan
For June, USCIS is using the "Final Action" chart in accepting new applications for Adjustment of Status to Lawful Permanent Residence. This means an application may be filed and processed for a candidate with an immigration priority date that is earlier than the listed cutoff date for their preference category and country of chargeability, or whose category is otherwise listed as current.
For Adjustment of Status cases that are already pending and were filed in a category that has since fallen behind in its cutoff date, USCIS will not continue adjudicating until the Final Action date has surpassed the individual immigration priority date or is otherwise deemed current. While overall processing may be delayed, a duly filed application will remain in good standing in the government's queue, and USCIS will process related requests for EAD cards and Advanced Parole.
If you have employees who have priority dates that will be (or remain) current in June, you should reach out to your FP immigration attorney to prepare and submit their Adjustment of Status Application in June.
Conclusion
We will continue to monitor developments from immigration officials and provide similar guidance on a monthly basis. Make sure you are subscribed to Fisher Phillips' Insight System to get the most up-to-date information - including next month's FP Visa Bulletin. If you have any questions, please contact your Fisher Phillips attorney, the author of this Insight, or any attorney in our Immigration Practice Group.
Related People
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Related People
Anastasia V. Zakharova
Associate
415.490.9047
azakharova@fisherphillips.com
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Original text here: https://www.fisherphillips.com/en/insights/insights/the-fp-visa-bulletin-for-june-2026
[Category: BizLaw/Legal]
Fisher Phillips Issues Insight: Employer Guide to the Aging Workforce - 4 Key Compliance Considerations
ATLANTA, Georgia, May 16 -- Fisher Phillips, a law firm, issued the following insight on May 15, 2026:
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Employer Guide to the Aging Workforce: 4 Key Compliance Considerations
Workers 55 and older now make up nearly a quarter of the US workforce and represent the labor force's fastest growing age group. Further, while the Bureau of Labor Statistics projects that the overall labor force participation rate will slightly decline between 2020 and 2030, the rate for those in the 75-and-up age group is expected to grow by 96.5% during this same decade. What does an aging workforce mean for employers?
... Show Full Article
ATLANTA, Georgia, May 16 -- Fisher Phillips, a law firm, issued the following insight on May 15, 2026:
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Employer Guide to the Aging Workforce: 4 Key Compliance Considerations
Workers 55 and older now make up nearly a quarter of the US workforce and represent the labor force's fastest growing age group. Further, while the Bureau of Labor Statistics projects that the overall labor force participation rate will slightly decline between 2020 and 2030, the rate for those in the 75-and-up age group is expected to grow by 96.5% during this same decade. What does an aging workforce mean for employers?This Insight will cover four key workplace law considerations as employees continue working later into their lives.
4 Key Compliance Considerations for Employers
1. Age Discrimination Risks
An aging workforce heightens the importance of careful compliance with age discrimination laws. This is especially true in light of a recent AARP Research survey of workers age 50-plus, which showed that:
* 22% of respondents felt they were being pushed out of work because of their age; and
* 64% reported seeing or experiencing age discrimination in the workplace.
The federal Age Discrimination in Employment Act (ADEA) generally protects employees and applicants age 40 or older and applies to employers with 20 or more employees. The ADEA prohibits age-based discrimination with respect to any term or condition of employment, including hiring, firing, compensation, layoffs, promotions, and benefits. Some state and local laws add additional protections based on age. An aging workforce means more employees who are protected by the ADEA, and employers should be cautious to ensure they are compliant with those protections.
Subtle forms of age discrimination are not uncommon, including jokes about different generations and assumptions that older employees are less tech savvy or resistant to change, that they may be close to retirement, have "only a few good years left," or will struggle to "keep up."
Employers should be mindful of additional provisions for release agreements that include a release of claims of age discrimination and special considerations should be taken when planning reductions in force to avoid disproportionately impacting older workers.
Practical Takeaway: Employers should take proactive compliance efforts to avoid violating the ADEA (or state/local laws) and limit exposure to age-based discrimination claims. Job interviews and hiring decisions can be a primary source of age discrimination, so make sure to train your hiring managers and update job postings or descriptions as needed to combat potential age bias. If you receive a complaint, you should follow up quickly and document any steps taken to decrease potential litigation and foster a more positive and productive workplace. If you plan to offer a severance agreement to an employee over the age of 40, you should consult legal counsel to ensure your agreement covers the necessary provisions.
2. Disability Discrimination Exposure
Under the Americans with Disabilities Act (ADA) or applicable state laws, older employees may be more likely to qualify for reasonable accommodations and protections from disability discrimination. The ADA prohibits discrimination when an employee has a disability and can apply even when an employee is regarded as having a disability.
Employment decisions based on actual or perceived physical slowing, memory concerns, diminished mental capacity or other impairments attributed to the aging process of an older employee can therefore potentially create exposure under both the ADA and the ADEA. Employers should avoid making any predeterminations or assumptions about older employees' capabilities, such as health, stamina, mobility, or their capacity to handle the workload. Employers must be aware of their obligations and available defenses under each of these laws (as well as any additional requirements under applicable state or local laws).
Practical Takeaway: In addition to staying compliant with all ADA requirements, covered employers should train managers to avoid assumptions tied to age or perceived medical limitations and instead focus on objective performance standards and documented job requirements. Accommodation discussions, medical inquiries, and performance-management processes must comply with ADA standards while avoiding these assumptions.
3. Medicare Eligibility Impact on Employer-Sponsored Health Plans
As more employees remain in the workforce later in life, Medicare coordination issues have become increasingly important for employers that sponsor group health plans. Generally, individuals become eligible for Medicare at age 65, even if they remain actively employed and covered under an employer-sponsored health plan - making it critical for employers to understand when Medicare serves as the primary or secondary payer under federal law.
The Medicare Secondary Payer (MSP) rules (as well as the ADEA) apply to employers that have 20 or more employees. Federal law generally requires employers of this size to offer active employees age 65 and older the same employer-sponsored health coverage available to younger employees. The employer plan generally remains the primary payer (billed first for claims) while Medicare serves as secondary coverage. Employers are prohibited from incentivizing Medicare beneficiaries to decline or drop coverage in a group health plan that is primary to Medicare, and violations can result in steep penalties.
Note, however, that the IRS prohibits employees enrolled in Medicare from contributing to a health savings account (HSA). This is true even for periods of retroactive Medicare coverage, so HSA contributions made during such a period will be treated as non-deductible excess contributions subject to excise taxes for the employee if they are not timely withdrawn or otherwise included in the employee's gross income.
Practical Takeaway: Make sure HR personnel and benefits administrators understand the MSP rules and potential age discrimination risks related to older employees and your group health plan. Train them to avoid steering employees toward Medicare in lieu of coverage under your employer-sponsored plan. Your enrollment materials and employee communications should clearly explain how Medicare coordination works and cover enrollment timing considerations. If you offer an HSA benefit, make sure that employee contributions stop once they are enrolled in Medicare, and look out for any contributions made during a period of retroactive Medicare coverage. Your employees should receive education on these issues well before they turn age 65.
4. Retirement Plans and Policies
An aging workforce raises compliance and design considerations for retirement plans and policies. First, the ADEA generally prohibits employers from forcing employees to retire at a specific age, subject to very narrow exceptions. For example, a medical group's mandatory retirement age for a class of physicians led to EEOC charges and a $6.875 million settlement in 2023.
Second, employers with a growing number of older employees may want to consider certain retirement plan design options while ensuring compliance with IRS rules. For example:
* Required Minimum Distributions. An employer sponsoring a 401(k) or other plan subject to the required minimum distribution (RMD) rules may want to consider whether to allow participants who continue working past the applicable RMD age (for example, age 73 for individuals born during 1951 to 1959 and age 75 for individuals born in 1960 or later) to delay RMDs until they actually retire. The IRS permits delaying RMDs from that plan until retirement if the plan document allows it; however, this option is not available to employees who are more-than-5% owners of the company sponsoring the plan.
* Catch-Up Contributions. A 401(k) plan is permitted, but not required, to permit employees age 50 or older to make "catch-up" contributions beyond the standard annual limits. For 2026, the catch-up contribution limit is $8,000 for employees ages 50 to 59, and $11,250 for employees ages 60 to 63. Starting in 2026, however, certain high earners must make catch-up contributions on a Roth basis. See our 2026 Employer Cheat Sheet for Retirement and Health Plan Limits for more details.
Practical Takeaway: Work with counsel to maintain and implement retirement plans and programs that both comply with the law and achieve your business goals. While mandatory retirement age policies should generally be avoided, experienced counsel can help you navigate other potential options, such as voluntary phased retirement programs, as well as succession planning for owners or C-suite executives approaching retirement.
Conclusion
If you have questions related to an aging workforce, reach out to your Fisher Phillips attorney, the authors of this insight, or any attorney in our Employee Benefits and Tax Practice Group. We will continue to monitor developments related to all aspects of workplace law, so make sure you are subscribed to Fisher Phillips' Insight System to get the most up-to-date information.
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Related People
Jennifer S. Kiesewetter
Partner
615.488.2905
jskiesewetter@fisherphillips.com
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Jenna B. Rubin
Partner
404.260.3410
jrubin@fisherphillips.com
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Original text here: https://www.fisherphillips.com/en/insights/insights/employer-guide-to-the-aging-workforce
[Category: BizLaw/Legal]
Fisher Phillips Issues Insight: DOL Rescinds Biden-Era Overtime Rule - Cementing $35k Salary Threshold
ATLANTA, Georgia, May 16 -- Fisher Phillips, a law firm, issued the following insight on May 15, 2026:
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DOL Rescinds Biden-Era Overtime Rule: Cementing $35k Salary Threshold
The Biden-era Labor Department rule that aimed to dramatically expand overtime pay eligibility is officially wiped off the books. Yesterday, the agency issued a technical amendment to remove the rule, which had already been struck down in court, from its regulations. The defunct 2024 rule would have raised the earnings threshold under which certain salaried executive, administrative, and professional employees are owed
... Show Full Article
ATLANTA, Georgia, May 16 -- Fisher Phillips, a law firm, issued the following insight on May 15, 2026:
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DOL Rescinds Biden-Era Overtime Rule: Cementing $35k Salary Threshold
The Biden-era Labor Department rule that aimed to dramatically expand overtime pay eligibility is officially wiped off the books. Yesterday, the agency issued a technical amendment to remove the rule, which had already been struck down in court, from its regulations. The defunct 2024 rule would have raised the earnings threshold under which certain salaried executive, administrative, and professional employees are owedovertime pay to nearly $60K. Yesterday's move by the DOL, while largely procedural, affirms the $35K salary threshold that had been implemented by the first Trump administration in 2019. Here's everything you need to know about the amendment and what it means for your business.
Quick Refresher
In 2024, the Biden DOL implemented a rule would have extended overtime coverage to about 4 million additional workers by raising the salary threshold that makes workers eligible for the so-called "white-collar" exemptions under the Fair Labor Standards Act.
Workers who are salaried, have certain professional, executive, or administrative job duties, and make more than a certain amount of money annually, are exempt from the overtime provisions of the Fair Labor Standards Act. The Biden rule would have raised the earnings threshold to nearly $59K. After a legal challenge, a federal court vacated the rule in late 2024. (More on that decision here.)
What Did The DOL Do?
The technical amendment issued by the DOL on May 14 formally removes the Biden rule's regulatory language from the Code of Federal Regulations and restores the language establishing the $35K threshold. The agency emphasized when announcing the change that it doesn't affect "any enforcement stance currently in place."
What Does This Mean For My Business?
While this amendment doesn't make any changes to the DOL's current enforcement playbook, it does officially scrub the Biden-era rule from the agency's regulations.
* Businesses should continue to abide by the $684 per week, or $35,568 per year, level finalized in 2019.
* The highly compensated employee exemption's additional total annual compensation requirement is set at $107,432 per year.
* This also only applies to the federal DOL's enforcement of the FLSA's overtime provisions. Some states may have more expansive overtime requirements, so it's important to be familiar with what jurisdiction you're operating in.
* Consult with your FP legal counsel if you have any questions about the white collar exemptions and your company's compliance with DOL or state regulations.
Conclusion
Fisher Phillips will continue to monitor developments from the courts and the DOL's Wage and Hour Division, so make sure you are subscribed to our Insight System to get the most up-to-date information. For further information, contact your Fisher Phillips attorney, the authors of this Insight, or any attorney in our Wage and Hour Practice Group.
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Related People
J. Hagood Tighe
Partner and Co-Chair, Wage and Hour Practice Group
803.740.7655
htighe@fisherphillips.com
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Original text here: https://www.fisherphillips.com/en/insights/insights/dol-rescinds-biden-era-overtime-rule
[Category: BizLaw/Legal]
