The Department of Labor (DOL) under the Biden administration is reviewing and perhaps reconsidering the final rule promulgated by the Trump administration DOL entitled, "Independent Contractor Status Under The Fair Labor...more
On January 7, 2021, the federal Department of Labor (DOL) published its final rule for determining whether a worker is an independent contractor or an employee for purposes of the Fair Labor Standards Act (FLSA). According to...more
1/11/2021
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Wage and Hour
In guidance issued August 24, 2020, the federal Department of Labor (DOL) reaffirmed that an employer is obligated to pay for all of the time that an employee works, including telework and remote work - "if the employer knows...more
The federal Department of Labor (DOL) has issued a final rule that will revise a Fair Labor Standards Act regulation to clarify that an employer may provide bonuses, premium pay, and hazard pay to non-exempt employees when...more
The U.S Department of Labor (DOL) has announced a final rule that will revise its regulations regarding joint employer status under the Fair Labor Standards Act (FLSA). According to the DOL, the new rule will “add certainty...more
The federal Department of Labor (DOL) has announced the issuance of a final rule that, according to the DOL, will “encourage employers to provide additional and innovative benefits to workers without fear of costly...more
On September 24, 2019, the federal Department of Labor (DOL) announced the issuance of a final rule that, according to the DOL, will “make 1.3 million American workers newly eligible for overtime pay” under the Fair Labor...more
The U.S. Department of Labor’s Wage and Hour Division (WHD) released three new opinion letters last week that address various compliance requirements under the Fair Labor Standards Act (FLSA). In its accompanying press...more
Last week, the United States Department of Labor (DOL) issued its much-anticipated proposed rule to update overtime eligibility under the federal Fair Labor Standards Act (FLSA). The proposed rule would raise the salary...more
As of January 1, 2019, minimum wage increases will affect employers in numerous states and localities. Under the federal Fair Labor Standards Act, the minimum wage for non-exempt employees remains at $7.25 per hour, but, if a...more
The federal Department of Labor (DOL) issued four new opinion letters last week that address various compliance requirements under the Fair Labor Standards Act (FLSA). In the accompanying press release, the DOL said that the...more
11/15/2018
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Fire Departments ,
Hospitality Industry ,
Nonprofits ,
Opinion Letter ,
Public Agencies ,
Tipped Employees ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
The U. S. Department of Labor (DOL) released six new opinion letters last week— four addressing application of the Fair Labor Standards Act (FLSA) and two addressing application of the Family Medical Leave Act (FMLA). An...more
9/6/2018
/ Attendance ,
Department of Labor (DOL) ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Food Service Workers ,
Opinion Letter ,
Organ Donation ,
Retailers ,
Salespersons ,
Volunteers ,
Wage and Hour ,
Wellness Programs
On April 12, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued two opinion letters that should help employers determine when they must pay for an employee’s travel time and break time.
The opinion...more
In a news release issued this month, the federal Department of Labor (DOL) advised that it will begin using a more flexible test to determine whether interns are really employees. This is important, in part, because...more
Within the past two weeks, the federal district court in Texas granted summary judgment in favor of the business groups and 21 states that had challenged the Department of Labor’s rule doubling the salary level threshold for...more
Last week, the United States Department of Labor (DOL) withdrew two Wage and Hour Administrator’s Interpretations, one on classification of workers as independent contractors and the other on joint employment. The...more
As the summer work season approaches, employers should review whether any “interns” or “volunteers” in their workplaces are classified properly and are being compensated appropriately. Although unpaid internships are...more
As of January 1, 2017, minimum wage increases will affect employers in numerous states and localities. Under the federal Fair Labor Standards Act, the minimum wage for non-exempt employees remains at $7.25 per hour, but if a...more
The Department of Labor has issued its final rule revising the overtime regulations for "white collar workers" and the rule goes into effect December 1, 2016 - just four months away. This webinar will explain the new rule,...more
7/25/2016
/ Attorney-Client Privilege ,
Department of Labor (DOL) ,
Employee Training ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Internal Communications ,
Minimum Salary ,
Misclassification ,
Non-Exempt Employees ,
Over-Time ,
Standard Duties Test ,
Timekeeping ,
Wage and Hour ,
White-Collar Exemptions
The Department of Labor has issued its final rule revising the overtime regulations for "white collar workers" and the rule goes into effect December 1, 2016 - just four months away. This webinar will explain the new rule,...more
On May 18, 2016, the federal Department of Labor (DOL) announced the publication of the much-anticipated final rule updating the overtime regulations under the federal Fair Labor Standards Act (FLSA). The final rule was...more
The Department of Labor (DOL) recently issued an Administrator’s Interpretation on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA)....more
Although the minimum wage under the federal Fair Labor Standards Act (FLSA) remains the same for 2016, the minimum wage increases under the laws of 14 states. Currently, 29 states and the District of Columbia have minimum...more
On December 23, 2015, the Fourth Circuit Court of Appeals ruled that insurance investigators who work in a special investigative unit of GEICO’s claims department do not come within the administrative exemption under the...more
The Department of Labor (DOL) recently issued new guidance addressing independent contractor classification under the Fair Labor Standards Act (FLSA). In Administrator’s Interpretation No. 2015-1, the DOL interprets the...more
8/28/2015
/ Administrative Interpretation ,
Classification ,
Control Test ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
New Guidance