The U.S. Department of Labor (DOL) on Sept. 22, 2020, proposed new regulations designed to codify criteria to identify independent workers under the Fair Labor Standards Act (FLSA). Independent contractors are not employees...more
10/1/2020
/ Comment Period ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Wage and Hour
As the coronavirus (COVID-19) spreads to countries around the world, employers are developing policies and strategies to address issues associated with employees 1) who have traveled to heavily impacted areas or who might...more
3/5/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
GINA ,
Notice Requirements ,
OSHA ,
Policies and Procedures ,
Reporting Requirements ,
Risk Mitigation ,
Traveling Employee
• The U.S. Department of Labor (DOL) has issued an opinion letter on when workers in a gig economy are contractors or employees.
• The analysis turns on the economic reality of the relationship between the service provider...more
5/6/2019
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
Third-Party Service Provider ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
• Three opinion letters from the U.S. Department of Labor (DOL) offer new insight into the agency's views on the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA).
• Employers may not delay...more
• In Troester v. Starbucks Corporation, the California Supreme Court on July 26, 2018, resoundingly rejected the de minimis doctrine commonly applied under the federal Fair Labor Standards Act (FLSA) to claims for unpaid...more
7/27/2018
/ CA Supreme Court ,
De Minimis Claims ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Federal v State Law Application ,
Labor Code ,
Labor Law Violations ,
Starbucks ,
State Labor Laws ,
Timekeeping ,
Unpaid Wages ,
Wage and Hour
• In Encino Motorcars, LLC v. Hector Navarro, et al., the U.S. Supreme Court decided 5-4 that service advisors at car dealerships are exempt from overtime pay under the Fair Labor Standards Act (FLSA).
• The Court held...more
4/3/2018
/ Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Over-Time ,
Sales Commissions ,
SCOTUS ,
Service Advisors ,
Wage and Hour
On Nov. 22, 2016, a federal district judge in Texas enjoined the U.S. Department of Labor's (DOL) final rule increasing the minimum salary level threshold to qualify for an exemption from the overtime requirements of the Fair...more
The U.S. Department of Labor (DOL) on May 18, 2016, released its rule updating overtime regulations for executive, administrative and professional employees (commonly referred to as white collar employees) under the Fair...more
On June 30, 2015, the U.S. Department of Labor (DOL) released a proposed rule updating overtime regulations for executive, administrative and professional employees (commonly referred to as white collar employees). The DOL...more