Monthly Archives: November 2024

November 19, 2024

Federal Court Strikes Down DOL’s 2024 Overtime Rule

Adam Bouka

By Adam Bouka and Brit Merrill

On November 15, 2024, the U.S. District Court for the Eastern District of Texas invalidated the Department of Labor’s (DOL) 2024 Final Rule, which increased salary thresholds for overtime exemptions under the Fair Labor Standards Act (FLSA). This decision in State of Texas v. Dep’t of Labor, Case No. 24-cv-468-SDJ, vacates the rule nationwide, halting its implementation and restoring the salary level in effect prior to July 1, 2024 ($35,586 per year, $684 per week) for executive, administrative, and professional (EAP) exemptions and ($107,432 per year) for the highly compensated employee exemption.

Brit Merrill

Key Takeaways:

  • Executive, Administrative, and Professional (EAP) Exemptions
    • The planned salary threshold increase to $844 per week (or $43,888 annually), effective July 1, 2024, is no longer valid.
    • Future staged increases, including the January 1, 2025 threshold of $1,218 per week and automatic updates starting July 1, 2027, are also void.
    • Employers must revert to the prior salary threshold of $684 per week ($35,568 annually) for EAP exemptions.
  • Highly Compensated Employee Exemption
    • The planned salary threshold increase to $132,964 effective July 1, 2024 is no longer valid.
    • Future staged increases, including the January 1, 2025 threshold increase to $151,164, is now void.
    • Employers must revert to the prior salary threshold of $107,432 per year for highly compensated employee exemptions.

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November 18, 2024

Bracing for Impact: What Employers Need to Know About Homeland Security Investigations’ Worksite Enforcement Plans

Chris Thomas

By Chris Thomas

Our team recently engaged in discussions with both current and former officials at Homeland Security Investigations (HSI), the workplace enforcement arm of the U.S. Department of Homeland Security. In these discussions, beyond learning about the widely publicized plans to declare a state of emergency and to involve the military and national guard in worksite enforcement deportation and worksite enforcement activity, we gained insights into a few of the government’s lesser-known plans.  Read more >>

Passports and Visa

November 6, 2024

Navigating Immigration Changes in 2025: What Businesses Need to Know Following the 2024 Election

By Samantha Wolfe

Samantha Wolfe

Samantha Wolfe

As the dust settles from the 2024 US presidential election, businesses with a significant international workforce are bracing for potential shifts in immigration policy. Former President Donald J. Trump’s return to office signals a likely shift towards more restrictive immigration measures, similar to his first administration’s policies and perhaps more expansive. With immigration playing a central role in his campaign, organizations with foreign national employees, global mobility programs, and compliance needs are advised to prepare for a potentially transformed immigration landscape.

Here are some key areas where we anticipate changes and what businesses should be aware of as we move into 2025.

1. Heightened Enforcement and Security-Based Policies

A renewed focus on immigration enforcement is expected, with a security-driven approach that may involve stricter compliance requirements and enhanced scrutiny of visa applications. Trump’s campaign promises suggest increased workplace inspections, audits, and enforcement actions from agencies such as US Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS).

For companies, this could mean heightened audits and the need for robust compliance protocols. Businesses should consider proactively reviewing their I-9 and E-Verify processes, conducting internal audits, and ensuring that their immigration practices align with federal regulations to mitigate any potential risks.

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