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Clarification on Misclassification? Return to Factorization! DOL Issues Proposed Rule on Independent Contractor vs. Employee

If you were just getting comfortable with the DOL’s final rule on employee versus independent contractor status (which took effect on March 8, 2021), there is bad news… or maybe good news. The DOL announced on October 11,...more

New Is Old Again: DOL Seeks Return to Past Rule for Federal Contractor Minimum Wage Calculations

The Department of Labor (DOL) recently proposed new federal regulations regarding how minimum wages will be calculated for federal construction projects. DOL’s new proposal will add to the cost of performing these projects....more

Plaintiff Gets Second Serve: 2nd Circuit Clarifies Joint Employer Test and Allows Security Guard to Amend Complaint

There has been a lot of discussion over the last few years about the joint employer test for liability under employment statutes. Whether it be Uber drivers in California or the back and forth over the Trump administration’s...more

Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without Prejudice

What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of...more

Everyone Loves a Good Deadline: Reporting Requirements for Early 2022

We hope your 2022 is off to a good start and you are all managing the COVID-19 pandemic challenges. For this post, we wanted to take a break from COVID-19-specific topics to remind you of some new year to dos. Specifically,...more

Does OSHA’s New Rule Have a Shot? Updates from the Fifth Circuit and Beyond

As most employers already know, OSHA’s newly announced COVID-19 Emergency Temporary Standard (ETS) is set to take effect January 4, 2022, and will require, among other things, that workers at U.S. companies with at least 100...more

New Way to Pay Day Rate: 5th Circuit Rules on FLSA Day Rate Overtime Exemption

Are you paying employees using a day rate under the FLSA? If so, you may want to read the Fifth Circuit’s recent ruling in the latest string of Helix Energy cases. According to the Fifth Circuit, companies who do business in...more

Finally Final: The Tipped Employee Rule

As promised in our April 2021 post regarding the rules for tipped employees, here’s the update on the final rule. Recall that not all of the rule became effective earlier this year but certain portions were implemented to...more

Silverware Rollers Unite! DOL Proposes New Rule on Use of Tip Credit for Non-tipped Work

As we discussed in April, the Biden administration halted the implementation of some of the Trump administration’s changes to the rules on taking a tip credit for non-tipped work. For those that never have had a server job,...more

Here We Go Again? DOL Secretary Walsh Discusses Raising Overtime Exemption Salary Threshold

You may have missed it, but Secretary of Labor Marty Walsh perked up some ears last week when he discussed possibly raising the FLSA salary threshold for certain exempt employees. In testimony before a Congressional...more

Helpful Guidance Comes to Those Who Wait: OSHA Issues Long-Awaited COVID-19 Safety Rule

After the CDC updated its mask guidance, we have all be wondering: Can we eliminate our mask and social distancing requirements for vaccinated employees? Can we ask employees if they have been vaccinated? Can we hold meetings...more

Essential COVID-19 Tips for Those Essentially Essential: DOL Launches New Wage and Hour Program for Essential Workers

The Wage and Hour Division of the Department of Labor unveiled a new program, “Essential Workers—Essential Protections,” that focuses on making sure employers comply with overtime and other wage requirements for workers on...more

Tipping the Scales: The Tipped Employee Final Rule Not So Final Afterall

You may recall we previously reported on the DOL’s new tipped employee regulations that were set to take effect in March 2021. Well, the DOL, under the new administration, is now hitting pause on that final rule. The Biden...more

Putting the Brakes on the Gig Economy? Biden DOL Delays Effective Date of Final Rule on Independent Contractor Status

On January 7, we wrote about the DOL’s Final Rule on Independent Contractor Status that was slated to take effect on March 8, 2021. Many employer and business groups applauded the Final Rule because its focus on the economic...more

The Doctor Will See You Now: FMLA and Telehealth Visits

As you already know, COVID-19 changed almost everything, and some of those things are likely here to stay (or at least linger for a while longer). One widespread change is the increased use of videoconferencing. In early...more

Don’t Let Your Employee’s “Unpaid” Meal Breaks Turn into a Costly Mistake for You

An unpaid meal break can become a very expensive lunch for an employer, but there are ways to comply with the Fair Labor Standards Act (FLSA) to try and minimize the risk. Identifying the Potential Problem - The...more

Put ‘Em All Back in There: Federal Court Injunction Halts an Alleged Runaway Shop

Although most employers don’t want a union in their workplace, the National Labor Relations Act (NLRA) is clear: You cannot interfere with union organizing efforts. A federal district court in Kentucky recently followed this...more

New Administration, New DOL Approach: Department Pulls Back Trump Rulemaking Limitations

With the new Biden administration now in place, the Department of Labor (DOL) has withdrawn a Trump era measure on guidance documents. Following a recent Executive Order, the DOL issued a final rule on January 27 to rescind...more

The Doctor Will See You Now via Telemedicine and It May Qualify as Treatment under the FMLA

As you already know, COVID-19 changed almost everything, and some of those things are likely here to stay (or at least for a while longer). One widespread change is the use of videoconferencing, including in the medical...more

Who’s the Boss? U.S. DOL Issues Final Rule on Independent Contractor Status

Employers often ask, “Can this worker be an independent contractor?” The answer is often unclear due to the different tests for employee versus independent contractor status, which vary between federal circuit courts and from...more

Tell Me Again — Do We Have to Give FFCRA Leave in 2021?

2020 is in the rearview mirror. Whew!  Unfortunately, COVID-19 is not gone and certainly not forgotten. The latest hot topic has been what to do with employees who think they should get paid leave for COVID-19 reasons that...more

Good Riddance, 2020! Don’t Let the Door Hit Ya’ On the Way Out…

It was a mess of times. It was the masked of times. We all probably agree that 2020 presented unexpected and unwanted challenges to employers. It certainly made all of us address unprecedented issues. Let’s look back at some...more

‘Tis the Season — Year-End Reminder of 2020’s FLSA Salary Threshold Increase and What You May Need to Check Now

Remember last January and the salary threshold change the Department of Labor rolled out for salaried exempt and highly compensated employees under the FLSA? As the end of the year approaches, you might need to revisit the...more

Happy Thanksgiving! 7 Things for Which We Are Thankful – 2020 Edition

Many of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can...more

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