News & Analysis as of

Fair Labor Standards Act (FLSA) Proposed Rules Regulatory Agenda

Brooks Pierce

DOL Publishes Final Rule on Employee or Independent Contractor Classification

Brooks Pierce on

On Jan. 9, 2024, the U.S. Department of Labor (DOL) announced the upcoming publication of its final rule on how to analyze whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA)....more

Keating Muething & Klekamp PLL

Independent Contractor Classification - Deadline to Submit Comments on the Notice of Proposed Rulemaking is Approaching

On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor...more

FordHarrison

U.S. Department of Labor Announces New Independent Contractor Rule

FordHarrison on

Executive Summary: On October 11, 2022, the United States Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking that would assist employers in classifying workers as employees or independent...more

Polsinelli

New Independent Contractor Test Increases Risk of Independent Contractor Misclassification

Polsinelli on

The U.S. Department of Labor is set to issue a Proposed Rule that will have a significant impact on the test used to determine whether someone is an independent contractor or an employee under the Fair Labor Standards Act...more

Holland & Knight LLP

DOL Publishes New Guidance for Classifying Independent Contractors

Holland & Knight LLP on

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

Morgan Lewis

DOL Publishes Proposed Rule on Independent Contractor Classification

Morgan Lewis on

While the proposed rule retains the “economic realities test,” it consolidates the existing factors used to guide analysis of independent contractor status under the Fair Labor Standards Act and focuses on two “core factors.”...more

Seyfarth Shaw LLP

Seyfarth Shaw Policy Matters Newsletter - November 2019

Seyfarth Shaw LLP on

Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more

Epstein Becker & Green

WHD Releases Text of Proposed Revisions to the Fluctuating Workweek Regulations

Epstein Becker & Green on

On August 26, 2019, we wrote of the plan by the U.S. Department of Labor’s Wage and Hour Division (“WHD”) to update the Fair Labor Standard Act (“FLSA”) regulations on calculating overtime pay for salaried non-exempt workers...more

Gray Reed

Department Of Labor Proposes Rule Change To FLSA’s “Regular Rate”

Gray Reed on

On March 28, 2019, the Department of Labor (DOL) announced a proposed rule change to amend regulations that define an employee’s “regular rate” under the Fair Labor Standards Act (FLSA). Generally, the FLSA requires overtime...more

Bricker Graydon LLP

DOL proposes four-factor test to determine joint employment status

Bricker Graydon LLP on

Earlier this week, the U.S. Department of Labor (DOL) announced its latest proposed rule to amend its existing regulations regarding joint employer arrangements under the Fair Labor Standards Act (FLSA). ...more

McAfee & Taft

U.S. Department of Labor goes on rulemaking frenzy

McAfee & Taft on

The U.S. Department of Labor (DOL) has been very active in the last couple of weeks. Last month, we alerted employers to newly published proposed rules that would raise the minimum salary level for white collar exemptions....more

Seyfarth Shaw LLP

April Rules: DOL Continues Rulemaking Sprint With New Proposed Joint Employment Standard

Seyfarth Shaw LLP on

Seyfarth Synopsis: On April 1, 2019, the U.S. DOL announced a proposed rule to clarify joint employment under the FLSA. The rule would establish a four-factor balancing test for joint employer status....more

Bricker Graydon LLP

DOL proposes new rule clarifying regular rate requirements under the FLSA

Bricker Graydon LLP on

Last week, the U.S. Department of Labor (DOL) announced a proposed rule seeking to update the “regular rate” requirements under Section 7(e) of the Fair Labor Standards Act (FLSA), thereby clarifying the types of payments an...more

Best Best & Krieger LLP

Department of Labor Proposes Increase to FLSA Exemption Salary Threshold - California Public Sector Employers Would Feel the...

The Department of Labor issued a proposed rule to update and revise Fair Labor Standards Act regulations to implement minimum wage and overtime pay exemptions for executive, administrative, professional, outside sales and...more

Cozen O'Connor

II-36- Holiday Party Tips, the 2018/2019 Federal Regulatory Agenda, and Noteworthy Cases On Suing and Being Sued

Cozen O'Connor on

This episode offers a Top 10 list of thoughts to minimize problems at your company's upcoming holiday party, discusses what's in the recently-published 2018/2019 federal regulatory agenda, and highlights two noteworthy cases...more

Fisher Phillips

Labor Department Will Tackle Joint Employment And Overtime Issues…But When?

Fisher Phillips on

Right after the clock struck midnight yesterday morning, the U.S. Department of Labor unveiled its new regulatory agenda for Fall 2018 and announced its intention to soon tackle two of the hottest topics in the labor and...more

Fisher Phillips

A Full Plate for USDOL in 2018

Fisher Phillips on

The latest regulatory agenda shows four wage-hour items on the U.S. Labor Department's (USDOL) plate. In addition to revisiting the federal Fair Labor Standards Act's (FLSA) white-collar exemptions and tips-related...more

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