As 2024 gets underway, the nonprofit sector will continue to face new challenges in addition to grappling with ongoing challenges that continue to impact the sector. Our interdisciplinary team, serving thousands of nonprofits...more
3/5/2024
/ 501(c)(3) ,
501(c)(4) ,
Artificial Intelligence ,
California Privacy Protection Agency (CPPA) ,
Compliance ,
Crowdfunding ,
Department of Labor (DOL) ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Fundraisers ,
Independent Contractors ,
Intellectual Property Protection ,
IRS ,
Liability ,
Machine Learning ,
NAICS ,
Nonprofits ,
Office of Foreign Assets Control (OFAC) ,
Privacy Laws ,
Ransomware ,
SNDAs ,
Tax Exemptions
This week, the US Department of Labor (DOL) issued a final rule — Federal Register: Employee or Independent Contractor Classification Under the Fair Labor Standards Act — that provides new guidance on how to distinguish...more
Last week, the Equal Employment Opportunity Commission (EEOC) and the US Department of Labor’s Wage and Hour Division (WHD) signed a Memorandum of Understanding (MOU) to encourage enhanced law enforcement and greater...more
9/25/2023
/ Data-Sharing ,
Department of Labor (DOL) ,
Employee Rights ,
Employees ,
Employment Discrimination ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Investigations ,
Memorandum of Understanding ,
Misclassification ,
Pay Discrimination ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Retaliation ,
Training ,
Wage and Hour
It’s not uncommon for a worker to perform services for an employer – A – that simultaneously benefits another person – B. (Under the FLSA, “person” means “any individual, partnership, association, corporation, business trust,...more
Yesterday, the Department of Labor reported its decision to withdraw a rule, announced on January 6, 2021, distinguishing between employees and independent contractors under the FLSA.
The Rule, which we covered in a...more
In a new Field Assistance Bulletin (FAB), the Wage and Hour Division announced that it will return to pursuing liquidated damages from employers found due in its pre-litigation investigations provided that the Regional...more
In brief: A sharp pivot toward employee- and union-friendly executive actions and legislation. Here’s what we mean.
Executive Order 13950 -
As we’ve reported, President Biden Revokes Executive Order 13950 | Arent Fox,...more
2/10/2021
/ Anti-Retaliation Provisions ,
Arbitration ,
Biden Administration ,
Collective Bargaining ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Definition ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Healthcare Workers ,
Mediation ,
Mine Safety and Health Administration (MSHA) ,
Minimum Wage ,
NLRA ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Prevailing Wages ,
Taft-Hartley Act ,
Unions ,
Wage and Hour ,
Workplace Safety
On December 31, 2020, the Administrator of the Department of Labor’s Wage and Hour Division issued an opinion letter addressing whether certain travel time that occurs on a partial telework day is compensable under the FLSA....more
On November 3rd, the Department of Labor’s Wage and Hour Division published an opinion letter addressing whether the FLSA requires employers to pay non-exempt employees for time that they spend in voluntary training...more
Yesterday, the US Department of Labor’s Wage and Hour Division proposed a new rule designed to “bring clarity and consistency to the determination of who’s an independent contractor under the Fair Labor Standards...more
It’s not uncommon for a worker to perform services for an employer – A – that simultaneously benefit another person – B.
(Under the FLSA, “person” means “any individual, partnership, association, corporation, business...more
9/15/2020
/ Administrative Procedure ,
Business Model ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
New Rules ,
New York ,
SCOTUS ,
Staffing Agencies ,
Subcontractors ,
Supervisors
The Administrator of the U.S. Department of Labor’s Wage and Hour Division (the WHD) issued an Opinion Letter on August 31, 2020, holding that an employee’s work hours do not have to fluctuate above and below 40 per workweek...more
The US Department of Labor’s Wage and Hour Division announced a policy change that is sure to please employers facing administrative FLSA back wages claims. Effective on July 1, 2020, the Division will cease to routinely...more
On March 10, the Department of Labor’s Wage and Hour Division issued guidelines that address many Fair Labor Standards Act issues that have arisen due to the COVID 19 pandemic. This Alert identifies some of the highlights.ny...more
In its groundbreaking decision in Epic Systems Corp. v. Lewis, 584 US ___, 138 S. Ct. 1612 (2018), the Supreme Court held that the National Labor Relations Act permits employer/employee agreements that contain class- and...more