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
Last week, the Trump-era independent contractor classification rule was officially eradicated by the U.S. Department of Labor, (“DOL”) due to its apparent inconsistency with the Fair Labor Standards Act (“FLSA”). The rule,...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
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
On Monday May 6, 2019, a Florida federal judge denied a strip club’s bid for sanctions against an exotic dancer and her lawyer who filed a so-called “cookie-cutter” Fair Labor Standards Act lawsuit, depriving the strip club...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
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
It came as no surprise, as reported in a Law360 analysis on May 2, that cases brought under the Fair Labor Standards Act (FLSA) continue to trend upward. The FLSA was for many years a sleepy, antiquated, Depression-era...more