The Department estimates that the changes will affect approximately 4.3 million employees in the first year of implementation and cost employers $803 million over the first 10 years of implementation.
Under a two-step...more
On January 10, 2024, the U.S. Department of Labor published a final rule (the Rule) replacing the current test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act....more
The Department of Labor has proposed raising the minimum salary threshold for “white-collar” exemptions under the FLSA to $55,068 annually.
The proposed rule would also raise the threshold for “highly compensated...more
The Executive Order is projected to increase the hourly wage paid to hundreds of thousands of Federal contractor employees.
President Biden issued an Executive Order raising to $15.00 per hour the minimum wage that Federal...more
Late on December 27, 2020, President Trump signed into law an omnibus stimulus bill. The new legislation contained much needed extensions of unemployment benefits that have supported many Americans who have experienced...more
12/30/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
IRS ,
New Legislation ,
Paid Leave ,
Relief Measures ,
Sick Leave ,
Tax Credits ,
Trump Administration
Employers who plan to resume business operations and return employees to the physical workplace after the relaxation of COVID-19 stay-at-home orders must consider how to best balance the reopening of their businesses with the...more
5/4/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
CBAs ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Discrimination ,
EFMLA ,
EPSLA ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Non-Essential Businesses ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Shelter-In-Place ,
Social Distancing ,
Telecommuting ,
Workplace Safety
COVID-19 raises potential employment law compliance issues under several areas of U.S. federal, state and local statutes.
A host of federal, state, and local laws place limits on how employers may implement infection...more
3/9/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Serious Health Conditions ,
Traveling Employee ,
Wage and Hour ,
Workplace Safety
The 2019 Final Rule formally rescinds the Obama Administration’s 2016 Final Rule and increases the current minimum salary level by almost 50 percent and the current exemption salary level for highly compensated employees by...more
10/10/2019
/ Best Practices ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
The proposed changes seek to formally rescind the Obama Administration’s 2016 Final Rule, which more than doubled the minimum salary levels for exemption for overtime requirements. Instead, the Trump Administration proposes...more
3/19/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
NPRM ,
Obama Administration ,
Public Comment ,
Recordkeeping Requirements ,
Standard Duties Test ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
DOL Opinion Letter confirms that volunteer status not jeopardized by nonprofit payment of expenses.
Department of Labor Opinion Letter endorses non-employee classification of member volunteers at nonprofit, without...more
9/19/2018
/ 501(c)(6) ,
Charitable Organizations ,
Classification ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Nonprofits ,
Opinion Letter ,
Policies and Procedures ,
Regulatory Reform ,
Religious Institutions ,
Subject Matter Experts (SMEs) ,
Volunteers ,
Wage and Hour
The U.S. Department of Labor has endorsed a seven-factor test for determining whether an intern is considered an employee under the Fair Labor Standards Act.
The U.S. Department of Labor (DOL) has announced it has...more
On September 30, 2016, the Department of Labor (DOL) published the Final Rule implementing President Obama’s 2015 Executive Order 13706, “Establishing Paid Sick Leave for Federal Contractors” (EO 13706) requiring federal...more
10/7/2016
/ Barack Obama ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Paid Leave ,
Service Contract Act ,
Sick Leave ,
Wage and Hour
On May 18, 2016, the U.S. Department of Labor (DOL) issued its much-anticipated Final Rule amending the Fair Labor Standards Act (FLSA) regulations implementing the exemption from minimum wage and overtime pay for executive,...more
Employers in the hospitality industry have been increasingly assessing and updating their tipping practices over the past several years, with some even eliminating tipping all together, affecting both their bottom lines and...more
On July 15, 2015, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued Administrator’s Interpretation No. 2015-1, adopting a very expansive interpretation of the definition of employees under the Fair Labor...more
On July 2, 2015, the U.S. Court of Appeals for the Second Circuit adopted a “primary beneficiary” test for evaluating whether unpaid interns are employees for purposes of the Fair Labor Standards Act (FLSA). Rejecting a...more
On July 6, 2015, the U.S. Department of Labor published a long-awaited Notice of Proposed Rulemaking (NPRM) to amend the Fair Labor Standards Act (FLSA) regulations implementing the exemption from minimum wage and overtime...more
In its April decision in Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court buttressed employers’ efforts to “pick off” named plaintiffs in collective actions for unpaid wages brought under the Fair Labor Standards...more