Last 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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Returning Employees to the Office Post-Quarantine: Mileage & Commute Reimbursement Posted on: July 22, 2021 In: COVID-19 Response
Now that the height of the COVID-19 pandemic and associated government quarantines are hopefully in the rearview mirror, employers are faced with a whole new set of questions as they transition a remote workforce back to the office, including whether (and how) employers need to reimburse workers for mileage, or pay for commute time for non-exempt employees who have been working from home but are now returning to the office on a part-time or full-time basis.
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It Pays to Be Penny-Wise When Paying Final Paychecks Posted on: March 29, 2021 In: Labor & Employment
A Georgia man made national news recently when his former employer paid his final paycheck with a wheelbarrow full of oil-soaked pennies. While most employers stick to more conventional methods of payment, such as checks or direct deposit, even the most careful employer can get tripped up when an employment relationship ends. The federal Fair Labor Standards Act does not require employers to pay final paychecks immediately. Therefore, the laws vary considerably across the country.
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Cooks and Dishwashers Can Share in Servers’ Tips Under DOL Final Rule Posted on: December 29, 2020 In: Labor & Employment
On 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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What Pennsylvania Employers Should Know About the New Overtime Regulations Posted on: December 07, 2020 In: Labor & Employment
For the first time in more than four decades, the Pennsylvania Department of Labor and Industry has modified the Commonwealth’s overtime regulations. These amendments, which became effective on October 3, 2020, raise the minimum salary threshold for overtime exemption. They also modify the definitions of executive, administrative, and professional employees to make them more consistent with the Fair Labor Standards Act. Employers should review these changes and adjust their overtime policies as necessary.
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To Avoid FLSA Liability, Employers Should Use Actual Time Worked Posted on: October 29, 2020 In: Labor & Employment
Recent cases illustrate the exposure to liability under the Fair Labor Standards Act (FLSA) that employers can avoid by using actual time worked by employees to calculate overtime, instead of using techniques designed to approximate how much to pay employees based on estimated hours worked. These cases show that the benefits of short cuts may be outweighed by the exposure to liability, costs, and distractions of litigation created by lawsuits challenging such techniques to estimate time worked.
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Calculating Vehicle-Related Expenses Under The FLSA Posted on: September 21, 2020 In: Labor & Employment
At 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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Three Takeaways from the DOL Proposed Rule on Tipped Employees Posted on: October 25, 2019 In: Labor & Employment
The U.S. Department of Labor (DOL) recently published a Notice of Proposed Rulemaking that attempts to eliminate confusion regarding the tip credit, while also implementing the changes mandated by Congress when it passed the Tip Income Protection Act.
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Florida Raises State Minimum Wage By a Dime Posted on: October 23, 2019 In: Labor & Employment
Florida recently announced the new minimum wage for overtime eligible workers in the state. Each year on September 30 The Florida Department of Economic Opportunity adjusts the state’s minimum wage based on the increase in the Consumer Price Index for the South Region of the United States. The new minimum wage becomes effective on January 1, 2020.
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Increased Salary Thresholds for FLSA Exempt Status Expands Overtime Eligibility Posted on: September 24, 2019 In: Labor & Employment
“Why am I not receiving additional compensation for working overtime?” 1.3 million Americans will no longer be asking themselves this question after the Wage and Hour Division of the Department of Labor submitted a Final Rule modifying the regulations pertaining to overtime exemptions.
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