Home | Chamberlain Hrdlicka

DOL Issues Two New Opinion Letters: Compensable Travel Time and Commuting Under the FLSA

Kellen R. Scott — Mon, 27 Jul 2026 09:00:01 -0400

On July 22, 2026, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued two opinion letters addressing when travel time between an employee’s home and work is compensable “hours worked” under the Fair Labor Standards Act (FLSA). Read together, the letters give employers their clearest guidance yet on a question that has grown more pressing as remote work, hybrid schedules, and mobile or field workforces have become the norm: when does a “commute” stop being an ordinary commute and start being paid work time?

Both letters confirm a new, formally recognized ...

U.S. Department of Labor Issues New FLSA Opinion Letters Addressing Exempt Employees, Bonus Calculations, Meal Periods, and Pre-Shift Work

Kellen R. Scott — Mon, 15 Jun 2026 09:00:02 -0400

On May 28, 2026, the U.S. Department of Labor's Wage and Hour Division (WHD) issued a series of opinion letters providing guidance on several recurring Fair Labor Standards Act (FLSA) compliance issues. Opinion Letters are official written interpretations from agencies like the WHD. Although they are not legally binding, employers can use them to support a good faith compliance defense. The recent letters address whether exempt employees may perform additional non-exempt work without jeopardizing their exemption status, how employers may structure certain bonus programs ...

EEOC Issues New National Enforcement Plan, Signaling Shift in Enforcement Priorities

Kellen R. Scott — Thu, 11 Jun 2026 09:00:03 -0400

On June 4, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) formally rescinded its Strategic Enforcement Plan (SEP) for Fiscal Years 2024–2028 and replaced it with a new National Enforcement Plan (NEP) for Fiscal Years 2025–2029. The new plan represents a significant shift in the agency’s enforcement priorities and approach to workplace discrimination investigations and litigation.

While the prior SEP focused heavily on systemic discrimination, advancing pay equity, protecting vulnerable workers, addressing emerging workplace issues, and expanding ...

12 Employment Stocking Stuffers

Kellen R. Scott — Wed, 03 Dec 2025 09:00:04 -0500

As the year winds down and businesses tie a bow on their final quarter, it’s the perfect time to take stock of the workplace practices that keep businesses running smoothly and out of trouble. The holiday season often brings unique employment risks, from pay and scheduling issues to year-end policy updates and the occasional Grinch-like dispute. These “stocking stuffer” reminders offer a quick, proactive way to ensure your policies, procedures, and agreements are ready for 2026, helping your team start the new year confident, compliant, and focused on what matters most.

Texas Senate Bill 1318 Overhauls Noncompete Requirements for Healthcare Practitioners

Kellen R. Scott — Mon, 11 Aug 2025 09:00:05 -0400

Noncompetition restrictions continue to evolve across the nation. Texas, generally known for its business-friendly legal landscape, has taken a notable step in this arena by passing Senate Bill 1318. The new law takes effect on September 1, 2025, and affects covenants not to compete entered into or renewed with licensed physicians, dentists, nurses, and physician assistants. Although Texas already had special requirements for physician noncompetes, Senate Bill 1318 imposes additional restrictions on the scope of enforceable noncompetition covenants for physicians and a ...

Supreme Court Unanimously Strikes Down Heightened Burden Framework for Majority-Group Plaintiff Title VII Actions

Kellen R. Scott, Minakshi Swaminathan — Mon, 09 Jun 2025 09:00:06 -0400

On June 5, 2025, the United States Supreme Court unanimously ruled in Ames v. Ohio Department of Youth Services that Title VII plaintiffs who belong to majority-groups—such as white or heterosexual employees—are not subject to heightened evidentiary requirements when bringing discrimination claims. For decades, several federal circuit courts applied a “background circumstances” test that required majority-group plaintiffs to present additional evidence beyond the standard McDonnell Douglas framework to survive summary judgment, creating a higher bar for ...

NLRB’s New Acting General Counsel Rescinds Predecessor’s Memoranda, Reshaping Federal Labor Policy

Kellen R. Scott — Mon, 24 Feb 2025 09:00:07 -0500

The new administration has quickly shaken up the National Labor Relations Board (NLRB). President Trump fired the NLRB’s general counsel, deputy general counsel, and a Democratic NLRB member that President Biden designated as chair of the Board in December of 2024. The general counsel’s removal was expected, as President Biden swiftly replaced the NLRB’s general counsel upon his inauguration. President Trump’s firing of the board member will be tested in court, as the former board member already has filed a lawsuit alleging she only could be removed for neglect or ...

Texas Federal Court Finds FTC Exceeded Its Authority by Promulgating Non-Compete Ban and Enjoins FTC from Enforcing Ban Against Named Plaintiffs and Intervenors

Kellen R. Scott — Fri, 05 Jul 2024 09:00:08 -0400

The Federal Trade Commission’s (FTC) final rule banning most non-compete agreements is set to go into effect on September 4, 2024. If the final rule goes into effect, it will invalidate most employee non-compete agreements and will require employers to provide notice to most workers (current and former) that existing non-compete agreements will not be enforced. Chamberlain Hrdlicka’s prior alert regarding the Final Rule can be found here.

On July 3, 2024, in the case of Ryan, LLC v. The Federal Trade Commission, a Texas federal court issued a preliminary injunction that blocks ...

Is Your Business Baby Proof? A Quick Guide to the Pregnant Workers Fairness Act

Tue, 14 May 2024 09:00:09 -0400

The EEOC recently issued its final regulation to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023, and the final regulation goes into effect on June 18, 2024. Chamberlain’s previous alert on this topic can be found here.

The PWFA requires businesses that employ fifteen (15) or more employees to make reasonable accommodations for an employee’s or job applicant’s known limitations related to “pregnancy, childbirth, or related medical conditions” unless doing so would impose an “undue hardship” on the employer. “Undue ...

The DOL Sharply Increases the Minimum Salary Threshold for Common Overtime Exemptions

Mon, 06 May 2024 09:00:10 -0400

Effective July 1, 2024, the United States Department of Labor’s Final Rule will sharply increase the minimum salary amount that employers must pay in order to classify an employee as exempt from overtime pay under the common “white collar” exemptions (executive, administrative, and professional) and the highly compensated employee (HCE) exemption to the federal Fair Labor Standards Act (FLSA). The Final Rule consists of two specific phases of increases and is expected to impact over four million workers by 2025.

If the Final Rule goes into effect, the minimum salary ...