No one should be surprised that the independent contractor pendulum—which swings towards making that classification harder in Democratic administrations and easier in Republican ones—is now tilting towards making it easier....more
As we have previously noted on this blog, a central aim of the Trump administration was to take aim at—and rescind—Obama-era labor rules. The Trump Department of Labor (DOL) took what was perceived as a consistently...more
The impact of the legal definition of “employee” versus “independent contractor” under the Fair Labor Standard Act (“FLSA”) and other employment laws cannot be understated. The FLSA’s minimum wage and overtime...more
The independent contractor/employee classification conundrum is nothing new. Courts, state legislatures, and even the IRS have developed a slew of multi-factor tests to assess whether a worker is an employee or independent...more
This fall’s return to school will be a challenge for students, parents, and employers alike. Most states are dealing with a wide array of approaches to begin the school year. The approaches can generally be categorized in...more
First Up: DOL Expands Overtime Exemption for Commission-based Retail and Service Workers -
We all know that retail has been hit hard by the pandemic. When retail employees paid on a commission basis do go back to work, fewer...more
A recent ruling by the U.S. Department of Labor (DOL) signals the start of the forecasted avalanche of government claims and civil litigation arising from the COVID-19 pandemic and related emergency legislation. ...more
The U.S. Department of Labor has just issued over one hundred pages of detailed temporary regulations, effective from April 1, 2020 to December 31, 2020, implementing the Families First Coronavirus Response Act (“FFCRA”). The...more
On April 1, 2020, the Department of Labor (“DOL”) posted a temporary rule issuing regulations for implementing the Families First Coronavirus Response Act (“FFCRA”), which became effective the same day. We reported on the...more
The Families First Coronavirus Response Act (“FFCRA”) is effective today, April 1. In honor of this undoubtedly daunting occasion for employers with less than 500 employees, we analyze the most significant provisions from the...more
Retail employers beware: New York City’s predictive scheduling law went into effect on November 26, 2017, and now New York State is now getting in the mix. The New York State Department of Labor (“NYSDOL”) recently released...more
When Trump was a brand-new President (or force of nature, depending on how you look at it), we observed that the dawn of his administration would not necessarily augur wholesale changes to the overall landscape of legal...more
9/8/2017
/ Blacklist ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Drug Testing ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
OFCCP ,
OSHA ,
Over-Time ,
Persuader Rules ,
Popular ,
Trump Administration ,
White-Collar Exemptions
On February 15, 2017, just one day before his confirmation hearing, Andrew Puzder announced that he was withdrawing his nomination to serve as President Donald Trump’s Labor Secretary. Puzder is the CEO of CKE Restaurants,...more
As you finish your Thanksgiving preparations the last thing you needed was a major legal development in the area of Employment law – but we had one yesterday.
On November 22, Judge Amos Mazzant, sitting in the Eastern...more
Most employers know that the National Labor Relations Board (NLRB) has been on a years-long tear to make it easier for workers to unionize and harder for employers to resist those efforts. This post in two parts is the latest...more
I’m going to say it: wage and hour laws can be a little boring. The vagaries of how to determine a fluctuating workweek, or the DOL’s hyper-specific rules about how much an employer can subdivide time for purposes of reducing...more
Law firms are often retained by employers facing the fast-paced, distracting, emotionally charged experience of unionization efforts. Part of the union organizing process is legal in nature, and part feels more like politics,...more