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DOL Announces “Essential Workers, Essential Protections” Program

The United States Department of Labor (DOL) Wage and Hour Division just launched a new initiative called “Essential Workers, Essential Protections” that provides workers with information about the wage and hour laws that...more

Employer-Friendly Independent Contractor Test is on the Chopping Block

On March 2, 2021, the United States Department of Labor (“DOL”) announced that it is officially delaying the effective date of the rule titled “Independent Contractor Status under the Fair Labor Standards Act.” The effective...more

Not So Fast – DOL Suspends Final Rule on Regulations Regarding Tipped Employees

Summary - On January 26, 2021, the U.S. Department of Labor (DOL) suspended a Final Rule on tipped employees that it previously had announced on December 22, 2020. The Final Rule clarified tip pooling for employees in the...more

DOL Opinion Letter Expands Exemption for Journalists and Media Personnel

Summary - The U.S. Department of Labor (DOL) issued an opinion letter on January 19, 2021, that finds a broader swath of journalists and media personnel may be creative professionals exempt from the minimum wage and...more

DOL Issues Final Rule on Regulations Regarding Tipped Employees

Summary - The U.S. Department of Labor announced a Final Rule on December 22, 2020, that clarifies tip pooling for employees in the food service and hospitality industry, as well as how the tip credit applies to employees...more

Federal Judge Blocks Portions of DOL’s Joint Employer Rule

SUMMARY - On September 8, 2020, a federal judge in New York struck down significant portions of the U.S. Department of Labor (DOL) joint employer rule, which had narrowed the situations in which businesses can be held...more

USDOL Reminds Employers to Track and Pay for Remote Work Hours Accurately

On August 24, 2020, the U.S. Department of Labor (DOL) issued a new Field Assistance Bulletin, reminding employers that they must use reasonable diligence to track and pay for all hours worked while employees are working...more

DOL Hits Pause on Collecting Liquidated Damages

On June 24, 2020, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin changing the DOL’s typical practice of seeking liquidated damages in settlements in lieu of litigation. Specifically, Field Assistance...more

DOL Issues Final Rule on Joint Employer Test

The Department of Labor (DOL) issued a final rule last weekend that codifies a majority of the changes it proposed to the joint employer test in April 2019. These changes will take effect on March 16, 2020....more

DOL Issues Final Rule on ‘Regular Rate’

The Department of Labor released a final rule that codifies a majority of the changes it proposed to the “regular rate” regulations earlier this year. These changes will take effect on January 15, 2020....more

DOL Boosts Salary Threshold for Overtime Exemptions

The U.S. Department of Labor (DOL) released a final rule that will raise the salary threshold for overtime exemptions. Most workers will need to earn at least $35,586 annually, or $684 per week, for exemption from FLSA...more

Full Speed Ahead for DOL on Wage-and-Hour Guidance and Rule Changes

The U.S. Department of Labor (DOL) has kept employers on their toes this spring. During March and the early part of April, the DOL has engaged in a flurry of activity using its rulemaking authority and non-binding opinion...more

DOL Releases New Proposed Overtime Threshold: Time to Review FLSA Classifications

The Department of Labor (DOL) on March 7, 2019, released a long-awaited proposal to increase the minimum annual salary threshold to $35,308 for employees to be exempt as executives, administrative, or professional employees. ...more

Mark Your Calendars: H-1B Fiscal Year 2020 Season Is Right Around the Corner

Want to hire a skilled foreign worker? Don't delay, act now! The H-1B visa allows companies in the United States to temporarily hire foreign workers in occupations requiring the theoretical and practical application of a...more

Labor Classification in the Home Health Care Industry: A Sign of What's to Come?

The U.S. Department of Labor (DOL) on July 13, 2018, issued a Field Assistance Bulletin to its enforcement administrators, explaining how to determine if and when caregiver and nurse registries should be deemed employers...more

Labor Department Hits the Brakes on Class Actions by Interns

In yet another blow to Obama-era Department of Labor (DOL) precedent, the DOL recently eliminated its six-part test for determining whether interns can be deemed employees for purposes of the Fair Labor Standards Act (FLSA),...more

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