Recent labor law, workplace safety regulation, and antitrust enforcement developments are creating an increasingly complex regulatory landscape for grocery industry employers. Companies must navigate an array of compliance...more
With the US Supreme Court’s June 28 decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, the four-decades Chevron doctrine is no longer. While the Court’s decision has altered...more
7/11/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
OSHA ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation ,
Wage and Hour
On April 24, 2024, the US Department of Labor (DOL) announced the highly anticipated revisions to the salary thresholds for the Fair Labor Standards Act’s (FLSA’s) “white collar” overtime exemptions. The update significantly...more
At a time marked by themes of “push” and “pull,” organizations across all sectors and jurisdictions are grappling with the pursuit of innovation within an increasingly complex regulatory framework. Over the next 12 months,...more
The US Department of Labor (DOL) published on January 10, 2024 its long-awaited Final Rule regarding independent contractor classification under the Fair Labor Standards Act (FLSA), signaling a return to its pre-2021...more
The US Department of Labor seeks to increase the salary levels needed to qualify as exempt under the Fair Labor Standards Act’s white-collar and highly compensated exemptions....more
The District of Columbia’s Tipped Wage Workers Fairness Amendment Act imposes several obligations on employers with tipped employees, including significant training and reporting requirements. The deadline for employees,...more
The US Congress passed the Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) on December 23, 2022, as part of the omnibus spending bill for FY2023. President...more
The US Court of Appeals for the Ninth Circuit (which covers California, Nevada, Arizona, Alaska, Hawaii, Idaho, Montana, Oregon, and Washington) held on October 24 in a unanimous published opinion that because call center...more
The US Department of Labor published a Proposed Rule on October 13 seeking to return to applying a test that would make it more difficult for certain workers to qualify as independent contractors....more
Pennsylvania employers with salaried, nonexempt employees working in the commonwealth may need to adjust how they calculate overtime premiums for these employees in light of amendments to the Pennsylvania Minimum Wage Act...more
The Virginia Overtime Wage Act imposes a state law obligation to pay overtime and expands upon the federal Fair Labor Standards Act in several important areas. Virginia Governor Ralph Northam recently signed into law the...more
The US Department of Labor has announced proposals to eliminate two of the previous administration’s signature rules, the joint employer rule and the independent contractor rule. First, the US Department of Labor (DOL) has...more
The Final Rule retains the “economic realities” test while focusing on two “core factors” in analyzing whether an individual is an employee or an independent contractor but given the upcoming change in administration,...more
1/7/2021
/ ABC Test ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Wage and Hour
The US Department of Labor (DOL) published a Final Rule on June 8 confirming that paying bonuses, commissions, and other incentive-based pay to salaried, nonexempt employees does not disqualify employers from using the...more
A constantly evolving framework of laws governing how multinational businesses can contact customers to how nonprofits report business income to how overtime is calculated and paid will influence how companies do business...more
2/3/2020
/ #MeToo ,
Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Commercial Real Estate Market ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employee Benefits ,
Energy Policy ,
Fair Labor Standards Act (FLSA) ,
FERC ,
Insurance Regulations ,
Intellectual Property Protection ,
IRS ,
Japan ,
Long Term Care Insurance ,
NAIC ,
New Legislation ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Rate of Pay ,
Retirement Plan ,
Russia ,
SECURE Act ,
Sexual Harassment ,
State Labor Laws ,
Tax Cuts and Jobs Act ,
Tax Exempt Entities ,
Tax Reform ,
White-Collar Exemptions
The US Department of Labor has established a traditional control standard for determining joint employer status under the Fair Labor Standards Act.
...more
The US Department of Labor (DOL) has issued a final rule updating its guidance under the Fair Labor Standards Act (FLSA) of what payments and benefits can be excluded when calculating the regular rate of pay on which employee...more
The US Department of Labor (DOL) announced the long-awaited final overtime rule on Tuesday. The Fair Labor Standards Act (FLSA) requires employers to pay time-and-a-half rates to workers making less than a threshold amount...more
DOL’s proposed interpretation of the joint employer standard in a recently released notice of proposed rulemaking would revert to a traditional control standard and use a new “four-factor balancing test” for determining joint...more
A recent proposal by the US Department of Labor seeks to provide greater clarity and more examples of the types of payments and benefits that do not need to be included in calculating the regular rate on which an employee’s...more
The US Department of Labor seeks to increase the salary levels needed to qualify as exempt under the Fair Labor Standards Act’s white collar standard and highly compensated exemptions....more
The Tipped Wage Workers Fairness Emergency Amendment Act repeals a June ballot initiative that would have gradually increased the hourly minimum wage for Washington, DC, tipped employees to $15 by 2025....more
The hourly minimum wage for tipped employees in Washington, DC will gradually increase to $15 by 2025 and reach that of other employees by 2026....more
The US Department of Labor will now apply a “primary beneficiary” test, which was previously adopted by several courts and provides greater flexibility in structuring internship programs....more