News & Analysis as of

Wage and Hour Employer Liability Issues Public Comment

Eversheds Sutherland (US) LLP

DOL’s final rule: You say “overtime” I say “salary thresholds”

The US Department of Labor (DOL) released its final rule to increase the federal salary threshold for exemption under the Fair Labor Standards Act (FLSA) on April 23, 2024. DOL had previously issued On August 30, 2023, the US...more

Seyfarth Shaw LLP

FMCSA To Accept Public Comments In Response To Petitions Seeking Waiver Of Meal And Rest Period Preemption Determination On Behalf...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On December 26, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced they would be accepting comments from the public in response to multiple petitions requesting waivers from the...more

Bodman

Department of Labor Proposes an Increase to the FLSA Exempt Employee Salary Threshold; Is 2023(4) the New 2019 or 2017?

Bodman on

On August 30, 2023 the U.S. Department of Labor (“DOL”) announced the much anticipated Notice of Proposed Rulemaking (“NPRM”) which, if implemented, would increase certain otherwise salary exempt employees’ compensation under...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from February 2023

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Cooley LLP

US Department of Labor Issues Proposed Rule on Independent Contractor Status

Cooley LLP on

On October 11, 2022, the Department of Labor (DOL) announced a proposed rule that would reinstate the “economic reality” test for determining whether a worker is an independent contractor or an employee under the Fair Labor...more

Burr & Forman

Department of Labor’s Notice of Proposed Rulemaking – Independent Contractor Classification Under the Fair Labor Standards Act

Burr & Forman on

Fair Labor Standards Act - The FLSA establishes minimum wage, overtime pay, and payday standards, in addition to recordkeeping obligations and other workplace mandates. Importantly, the FLSA only places requirements on...more

Littler

Canada Proposes Two CLC Regulations on Service of Documents, Regular Rate of Wages, and Reimbursement of Reasonable Work-Related...

Littler on

On October 1, 2022, Canada published two proposed Regulations under the Canada Labour Code (CLC) and requested comments by October 31, 2022, via a new embedded commenting feature....more

Bowditch & Dewey

Department of Labor Seeks to Alter Independent Contractor Classification

Bowditch & Dewey on

On October 13, 2022, the United States Department of Labor (DOL) published a proposed rule that seeks to alter the test for determining whether a worker is an independent contractor or an employee under the federal Fair Labor...more

Kilpatrick

DOL Proposes New Independent Contractor Rule

Kilpatrick on

Earlier today the United States Department of Labor (“DOL”) issued its much-anticipated proposed rule that would update the test for determining whether a worker is an employee or independent contractor under federal wage law...more

Nelson Mullins Riley & Scarborough LLP

NLRB Proposes to Expand Joint-Employer Liability Standard

The National Labor Relations Board (NLRB) is currently seeking public comment on its proposed rule change that would expand the scope of joint-employer liability under the National Labor Relations Act (NLRA). If implemented,...more

Franczek P.C.

NLRB Proposes New Rule Expanding Scope of Joint-Employer Standard: What Might This Mean for You?

Franczek P.C. on

On September 6, the National Labor Relations Board (the Board) issued a proposed rule to revise the current standard to determine whether employers are “joint employers” under the National Labor Relations Act (NLRA). The...more

Partridge Snow & Hahn LLP

RIDLT Proposes Regulations and Issues Compliance Guidance for the New Pay Equity Law

The Rhode Island Department of Labor and Training’s (“RIDLT”) much anticipated Proposed Regulations (“Regulations”) to the Rhode Island Pay Equity Law (the “Act”) have arrived. As we previously discussed, on July 6, 2021,...more

Fisher Phillips

NYC Set to Finalize New Regulations to Further Complicate Fast Food Workplaces

Fisher Phillips on

New York City regulators recently proposed new rules that will further burden fast food employers, revealing a mixed bag of employer-unfriendly interpretations of existing city law while introducing potentially immense...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Jackson Lewis P.C.

DOL Adopts Portions Of Tipped Regulations Final Rule, Proposes Further Delay Of Other Portions

Jackson Lewis P.C. on

While deciding to make effective some portions of the Tipped Regulations Final Rule published in the final weeks of the former administration, the U.S. Department of Labor (DOL) has proposed further delay and consideration of...more

Maynard Nexsen

DOL Proposes Withdrawal of the Business-friendly FLSA “Joint Employer” Final Rule

Maynard Nexsen on

On March 11, 2021, the U.S. Department of Labor (DOL) issued a Notice of Proposed Rulemaking to withdraw the Joint Employer Final Rule under the Fair Labor Standards Act (FLSA), which was published during the previous...more

Roetzel & Andress

The Gig Is Up: DOL To Nix Trump-Era Gig Worker Rule

Roetzel & Andress on

As anticipated, the Department of Labor (DOL) formally announced its proposal to eliminate the Trump Administration’s gig worker rule that would have provided companies an easier and simpler path to classify workers as...more

Foley Hoag LLP

Department of Labor Proposes New Rule on Independent Contractors

Foley Hoag LLP on

On September 22, 2020, the U.S. Department of Labor (DOL) unveiled its long-awaited proposed independent contractor rule. The new rule sets forth a new standard for determining whether a worker can be classified as an...more

Foley & Lardner LLP

Federal Agency Actions (Could) Lead to Big Changes

Foley & Lardner LLP on

Two federal agencies dealing with employment issues, the Federal Trade Commission (FTC) and the Department of Labor (DOL), are considering or have already implemented new rules that will affect employers. The issues relate to...more

Littler

Pennsylvania Moves One Step Closer to Substantially Increasing White Collar Exemption Salary Threshold

Littler on

In June 2018 the Pennsylvania Department of Labor and Industry (DLI) issued a proposed rule to substantially increase the salary threshold to qualify as an exempt Executive, Administrative and Professional (EAP) employee...more

Epstein Becker & Green

As a New Deadline Nears, a Primer for Washington Employers on Complying with the Paid Family & Medical Leave Program

Epstein Becker & Green on

As we previously reported, Washington State has begun implementing its new Paid Family & Medical Leave (“PFML”) program. Therefore, Washington employers should be mindful of their obligations under the PFML program. To...more

Sheppard Mullin Richter & Hampton LLP

Aiming for Clarity, DOL Proposes to Update the FLSA’s “Joint Employer” Regulations

Hoping to clarify when entities should be treated as “joint employers” under the FLSA, the Department of Labor (“DOL”) recently announced its intent to revise its so-called “joint employer” regulations under the Fair Labor...more

Poyner Spruill LLP

U.S. Department of Labor Proposes New Rule Regarding Joint Employer Status Under FLSA

Poyner Spruill LLP on

On April 1, 2019, the U.S. Department of Labor issued a notice of proposed rulemaking on joint employer status under the Fair Labor Standards Act. (FLSA). This proposed rulemaking seeks to revise the DOL’s regulation, 29...more

Holland & Knight LLP

DOL Issues Proposed Rule Clarifying Interpretation of Joint Employer Status Under FLSA

Holland & Knight LLP on

• The U.S. Department of Labor (DOL) has proposed changes to its existing joint employer regulation to provide workers and organizations with more certainty regarding the determination of joint employer status under the Fair...more

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