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California Supreme Court Adopts “ABC Test” to Evaluate Independent Contractor Status

On April 30, 2018, the California Supreme Court issued a long-awaited opinion in Dynamex Operations West, Inc. v. Superior Court, clarifying the legal standard for distinguishing between employees and independent contractors....more

Court Strikes Down Obama Administration Overtime Rule

On Aug. 31, 2017, a federal court in Texas struck down the Obama-era Department of Labor rule that would have significantly expanded overtime eligibility by more than doubling the salary threshold under the Fair Labor...more

The Perils of Calculating Regular Rate of Pay

Calculating the overtime due to a non-exempt employee under the Fair Labor Standards Act is easy — just multiply the employee’s hourly rate times 1.5 for each hour worked over 40 in a workweek. Right? If only overtime...more

‘Not Completely Disassociated’: 4th Circuit Creates New FLSA Joint Employer Test

On Jan. 25, 2017, in Salinas v. Commercial Interiors, Inc., the 4th Circuit created a brand-new test for joint employer liability under the Fair Labor Standards Act (FLSA). The 4th Circuit’s approach to FLSA joint employer...more

Federal Court Temporarily Halts Nationwide Enforcement of New DOL Overtime Rule

On Nov. 22, 2016, a federal court in Texas issued a preliminary injunction temporarily halting nationwide enforcement of the U.S. Department of Labor’s new final rule regarding Fair Labor Standards Act overtime regulations...more

DOJ/FTC Antitrust Guidance for HR Professionals Part 2

Last month, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued joint guidance to human resources professionals, cautioning that they (and their companies) risk violating federal antitrust laws...more

Raising Red Flags: DOJ and FTC Issue Antitrust Guidance for HR Professionals

The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued joint guidance on Oct. 20, 2016, cautioning companies that they risk violating federal antitrust laws by entering into agreements with...more

FAQs on Department of Labor’s New FLSA Overtime Rule

As we reported on May 18, 2016, the U.S. Department of Labor (DOL) published its new final rule regarding the overtime regulations of the federal Fair Labor Standards Act (FLSA). The following are key FAQs coming out of our...more

New Guidance: DOL Asserts Most Independent Contractors Are Employees

Contending that employers may intentionally misclassify workers as independent contractors to cut costs and avoid compliance with labor laws, U.S. Department of Labor (DOL) Wage and Hour Administrator David Weil issued a new...more

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