Labor & Employment PracticeLast year, the Department of Labor (DOL) published a Notice of Proposed Rulemaking regarding its present guidance on the classification of independent contractors. The Proposed Rule rescinds the 2021 Independent Contractor Rule, Independent Contractor Status Under the Fair Labor Standards Act, published in January 2021, and contains general interpretations for determining worker status.
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Still Waiting: DOL Expected to Issue Final Rule on Independent Contractor Classification in May 2023 Posted on: March 24, 2023 In: Labor & Employment
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Planning for DOL’s Anticipated Regulatory Agenda: What Employers May Expect Posted on: July 26, 2022 In: Labor & Employment
Over the last year, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) has stepped up enforcement proceedings in traditional high-priority areas, including tipped employee wages, employee meal break and rest periods, and misclassification of workers as independent contractors. Now, the DOL WHD is poised to raise the compensation threshold level for white-collar exemptions to the Fair Labor Standards Act overtime requirements, with a Notice of Proposed Rulemaking by October 2022.
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Cooks and Dishwashers Can Share in Servers’ Tips Under DOL Final Rule Posted on: December 29, 2020 In: Labor & EmploymentOn December 22, 2020, the Department of Labor (DOL) issued final rules for pooling tips among employees of hospitality businesses, an industry severely impacted by COVID-19. Where an employer provides the standard minimum wage, the final rule established by the DOL allows the employer to establish a tip pool that includes cooks, dishwashers, and other back-of-the-house employees who ordinarily are not permitted to share tips under the Fair Labor Standards Act.
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Calculating Vehicle-Related Expenses Under The FLSA Posted on: September 21, 2020 In: Labor & EmploymentAt the end of August, the Department of Labor issued an opinion letter discussing the Fair Labor Standards Act’s (FLSA) requirement that employers reimburse certain non-exempt employees for expenses related to the use of personal vehicles during the course of employment. An employer violates the FLSA if an employee’s wages, minus any expenses incurred for the benefit of the employer, fall short of the federal minimum wage. The letter clarifies the permissible methods for calculating expenses under the FLSA.
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McVictory! Department of Labor Issues New Rules Reversing Broad Standard for Joint Employer Status Under Fair Labor Standards Act Posted on: February 25, 2020 In: Labor & Employment
On January 13, 2020, the U.S. Department of Labor (DOL) released its long-awaited final rule regarding joint employer status under the Fair Labor Standards Act (FLSA), under which one company can be held jointly and severally liable for another company’s FLSA wage and hour violations against its employees.
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