The Department of Labor (DOL) has delayed the effective date for its Tip Regulations Under the Fair Labor Standards Act (the “Final tip rule”) until April 30, 2021, so it can have additional time for “review” before certain...more
The U.S. Department of Labor announced a new effective date for the independent contractor classification test under the FLSA. The Final Rule, originally set for March 8, 2021, will now go into effect on May 7, 2021...more
Classifying “gig” workers as independent contractors, rather than employees, continues to be a risky business. While things were looking like they were heading in a different direction for a while (e.g. in 2017 and 2020),...more
A White House Memorandum effecting a freeze on non-emergency rules and regulations pending review by the new administration includes a halt to the independent contractor classification changes set to go into effect March 8,...more
On January 15, 2021, the Department of Labor (DOL) issued Opinion Letter FLSA2021-4 concerning changes to tip pooling when the pool includes both tipped and non-tipped employees. The Opinion Letter focuses its analysis on...more
The U.S. Department of Labor issued Opinion Letter FLSA2020-19, providing helpful guidance for employers dealing with the potential “new normal” of employees working from home, both now and post-pandemic. In so doing, they...more
As one of its first initiatives for the new year, the U.S. Department of Labor (DOL) published a Final Rule on January 7, 2021 to clarify whether a worker is an employee or an independent contractor under the Fair Labor...more
Out-of-State Remote Work-
•If a Colorado business has employees working remotely from other states, it can create legal and tax compliance issues that vary from state to state. Labor, employment, and some tax laws of the...more
With employees continuing to work from home for the foreseeable future during the COVID-19 pandemic and beyond, keeping track of employees’ hours is a whole different ball game. Work schedules may not be as clearly defined...more
As employees begin returning to work, the court’s decision in Rural Community Workers Alliance et al. v. Smithfield Foods Inc. et al., No. 5:20-cv-06063 (W.D. Mo. May 5, 2020) may influence whether courts hear claims about...more
In Aguilar et al. v. Management & Training Corp., 948 F.3d 1270 (10th Cir. 2020), the Tenth Circuit Court of Appeals ruled that the employer of a group of prison detention officers violated the Fair Labor Standards Act...more
Certain exemptions from employee rights to overtime premium pay require the employee to be paid on a salary basis or on a fee basis. On January 7, 2020, the U.S. Department of Labor (“DOL”) issued opinion letter FLSA2020-2...more
In November 2019, the Pennsylvania Supreme Court looked at the conflict between federal and state law concerning the calculation of overtime compensation for non-exempt salaried workers. The Court ruled that although federal...more
Should highly compensated paralegals (likely more experienced paralegals) receive overtime pay? The new DOL Wage and Hour Administrator, Cheryl Stanton, says paralegals earning at least $100,000 annually and performing...more