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Multi-Factor Test Over-Time Department of Labor (DOL)

Parker Poe Adams & Bernstein LLP

Guarantee of Fraction of Total Compensation Does Not Meet FLSA Salary Requirements

In order to claim overtime exempt status under the Fair Labor Standards Act’s white-collar exemptions, the position in question must meet both the duties and salary tests set forth under Department of Labor regulations. The...more

BCLP

Highly-Paid Executives May Be Entitled to Overtime Compensation

BCLP on

After an extensive analysis of the Fair Labor Standard Act’s (FLSA) provisions governing overtime pay as applied to highly-paid employees, the Supreme Court has upheld the FLSA’s “salary basis test” – finding that not only is...more

Benesch

Department of Labor Issues New Proposed Rule on Independent Contractor Classification

Benesch on

​​​​​​​On Tuesday, October 11, 2022, the Biden Administration’s Department of Labor ("DOL") issued a proposed rule revising the agency’s approach to evaluating independent contractor status under federal wage & hour law. The...more

Williams Mullen

New Department of Labor Independent Contractor Proposed Rule

Williams Mullen on

​​​​​​​On October 11, 2022, the United States Department of Labor (DOL) released a proposal for a new rule on how the DOL will determine whether a worker is an independent contractor or an employee for purposes of the Fair...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

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