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Final Rules Trump Administration Wage and Hour

Genova Burns LLC

USDOL Wage-Hour Division Final Rule on Independent Contractor Status Reverts to Pre-Trump Rule and Rejects “Core Factor” Test

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On January 9, 2024 the U.S. Department of Labor (DOL) released a final rule that will apply beginning March 11, 2024 in determining whether a worker can be classified as an independent contractor as opposed to an employee...more

Benesch

Department of Labor Finalizes Rule Change on Independent Contractor Classification

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On January 9, 2024, the U.S. Department of Labor released details of its final rule regarding the proper circumstances for independent contractor classification under the Fair Labor Standards Act (“FLSA”). On January 10,...more

BakerHostetler

The DOL’s New Independent Contractor Test Just Dropped; Now What?

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’Tis the season for things to drop. Some things that drop are big, some not so big. On New Year's Eve, we saw the ball drop in New York. Fun fact: The ball is a geodesic sphere, 12 feet in diameter, weighing 11,875...more

Holland & Knight LLP

New Rule on Independent Contractor Classification Will Have Profound Impact on Businesses

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The U.S. Department of Labor (DOL) announced on Jan. 9, 2024, the issuance of its final rule regarding whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The new...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Announces Final Rule on Determining Independent Contractor Status

On January 9, 2024, the U.S. Department of Labor (DOL) announced the issuance of its final rule addressing worker classification under the Fair Labor Standards Act (FLSA). The 2024 rule, which goes into effect on March 11,...more

DirectEmployers Association

OFCCP Week In Review: June 2023 #3

Tuesday, June 13, 2023: U.S. NLRB Returned to Obama-Era Independent Contractor Standard for NLRA Coverage - Ruling Makes It Harder for Employers to Treat Workers as Independent Contractors - Decision Will Also Impact...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Tale of the Partisan Pendulum - DOL Breathes Life Back into the 80/20 Rule Plus a 30-Minute Twist

On June 23, 2021, the United States Department of Labor (DOL) published a notice of proposed rulemaking (NPRM) that would create greater limitations on an employer’s ability to take a tip credit under the federal Fair Labor...more

Miles & Stockbridge P.C.

Biden’s Department of Labor Eliminates Narrow, Employer-Friendly Trump-Era Independent Contractor Test

On May 6, 2021, in a much-anticipated move, the Biden Administration announced a final rule withdrawing the employer-friendly independent contractor test published in the last few weeks of Donald Trump’s presidency. The...more

Holland & Knight LLP

DOL Rescinds Trump-Era Rule Regarding Employment Status Under the FLSA | Insights

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The U.S. Department of Labor (DOL) officially withdrew a Trump-era rule that had been announced to clarify independent contractor status under the Fair Labor Standards Act (FLSA). The repeal took effect on May 6, 2021. The...more

Gibney Anthony & Flaherty, LLP

DOL Prevailing Wage Rule Postponed

The Department of Labor (DOL) has further postponed the effective date of its prevailing wage final rule to November 14, 2022. The final rule significantly increases prevailing wage requirements for permanent resident and...more

DirectEmployers Association

Biden Administration DOL Publishes Final Rule Rescinding Trump Administration Independent Contractor Rule Under the FLSA

In an unsurprising and expected move, on Thursday, May 6th the Biden Administration’s Department of Labor (“DOL”) published its Final Rule withdrawing the Trump Administration’s January 7, 2021 “Independent Contractor Status...more

Miller Canfield

DOL Withdraws Trump-Era Independent Contractor Rule

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Updated: On May 5, 2021, the Department of Labor (DOL) announced a final rule withdrawing a proposed Trump-era independent contractor rule that would have made it easier to classify workers as independent contractors under...more

Holland & Knight LLP

DOL May Rescind Final Rules on Independent Contractor, Joint Employer Status

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The U.S. Department of Labor (DOL) proposed on March 11, 2021, withdrawing the independent contractor and joint employer final rules under the Fair Labor Standards Act (FLSA). The independent contractor final rule provides...more

Holland & Knight LLP

DOL Seeks Delay of Effective Date for Trump-Era Tip Regulations

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In December 2020, the U.S. Department of Labor (DOL) announced a final rule (the Rule) which, according to the DOL, is intended to implement changes made by the Consolidated Appropriations Act of 2018 to Section 3(m) of the...more

Miles & Stockbridge P.C.

New Regulation Replaces H-1B Random Selection with Wage-Based Selection

On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule that would dramatically change how H-1B cap petitions are selected in the annual “lottery.” Under this final rule, the current random...more

DirectEmployers Association

USDOL’s New Independent Contractor Final Rule is DOA, Or Is It? Not So Fast!

On Thursday, January 7, 2021, the U.S. Department of Labor (“USDOL”) published its long-awaited Final Rule in the Federal Register revising its interpretation of independent contractor (“IC”) status under the Fair Labor...more

DirectEmployers Association

OFCCP Week In Review: November 2020

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

Bloomberg Law Reports DOL Misclassification Rule Could Be In Jeopardy

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A report by Ben Penn in Thursday’s Bloomberg Law casts serious doubt about whether the Department of Labor will proceed with a misclassification rule before the end of this presidential term. We reported last month that the...more

DirectEmployers Association

OFCCP Week In Review: April 2020 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: March 2020

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Woods Rogers

U.S. Department Of Labor Increases FLSA Salary Threshold

Woods Rogers on

On September 24, 2019, the U.S. Department of Labor (“DOL”) issued the final rule on the salary threshold, making 1.3 million American workers newly eligible for overtime pay.  The final rule raises the standard salary level...more

Parker Poe Adams & Bernstein LLP

Salary Increase for White-Collar Overtime Exemption Takes Effect January 1

Last week, the U.S. Department of Labor’s Wage and Hour Division adopted final regulations revising the salary requirements for employers that claim the executive, administrative, or professional exemptions from the minimum...more

Neal, Gerber & Eisenberg LLP

Client Alert: U.S. Department of Labor Raises the Minimum Salary Level for Overtime Exemptions

On September 24, 2019, the U.S. Department of Labor (“DOL”) finally unveiled its long-awaited final rule under the Fair Labor Standards Act (“FLSA”) which officially will increase the minimum salary level for the “white...more

Franczek P.C.

New Minimum Salary For Exempt Employees Takes Effect January 1, 2020

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On Tuesday, the U.S. Department of Labor issued its final rule concerning overtime exemptions. The rule increases the salary threshold for employees exempt under the executive, administrative, and professional exemptions (the...more

Spilman Thomas & Battle, PLLC

DOL Finalizes Updates to the Overtime Rule; Largely Adopts Earlier Proposal

On September 24th, the Department of Labor ("DOL") formally issued revisions to the Overtime Rule that largely mirror their proposed changes from spring 2019. The new rule sets the salary threshold for white collar exemptions...more

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