The U.S. Department of Labor (DOL) on Sept. 22, 2020, proposed new regulations designed to codify criteria to identify independent workers under the Fair Labor Standards Act (FLSA). Independent contractors are not employees...more
10/1/2020
/ Comment Period ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Wage and Hour
The recent passage of the Families First Coronavirus Response Act left many questions for employers. In a joint statement issued on March 20, 2020, the U.S. Department of Labor (DOL), the Internal Revenue Service (IRS) and...more
The House of Representatives has passed a corrections bill for H.R. 6201, the Families First Coronavirus Response Act. The bill will now be considered by the Senate. Key provisions that have attracted significant attention...more
3/17/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Response ,
Employer Responsibilities ,
Family and Medical Leave Act (FMLA) ,
HDHPs ,
Paid Leave ,
Pending Legislation ,
Sick Leave ,
State of Emergency ,
Tax Credits ,
Unemployment Insurance ,
Wage and Hour
• The U.S. Department of Labor (DOL) has issued an opinion letter on when workers in a gig economy are contractors or employees.
• The analysis turns on the economic reality of the relationship between the service provider...more
5/6/2019
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
Third-Party Service Provider ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
• Three opinion letters from the U.S. Department of Labor (DOL) offer new insight into the agency's views on the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA).
• Employers may not delay...more
• New Illinois Gov. J.B. Pritzker used his first day in office to sign an Executive Order that directs the Illinois Department of Labor to review and expedite pending wage claims and prohibits state agencies from asking for...more
1/17/2019
/ Department of Labor (DOL) ,
Employment Litigation ,
Executive Orders ,
Governors ,
Hiring & Firing ,
Job Applicants ,
New Amendments ,
Prevailing Wages ,
Salary/Wage History ,
State Agencies ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
• In Encino Motorcars, LLC v. Hector Navarro, et al., the U.S. Supreme Court decided 5-4 that service advisors at car dealerships are exempt from overtime pay under the Fair Labor Standards Act (FLSA).
• The Court held...more
4/3/2018
/ Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Over-Time ,
Sales Commissions ,
SCOTUS ,
Service Advisors ,
Wage and Hour
On Nov. 22, 2016, a federal district judge in Texas enjoined the U.S. Department of Labor's (DOL) final rule increasing the minimum salary level threshold to qualify for an exemption from the overtime requirements of the Fair...more
The U.S. Department of Labor (DOL) on May 18, 2016, released its rule updating overtime regulations for executive, administrative and professional employees (commonly referred to as white collar employees) under the Fair...more
On June 30, 2015, the U.S. Department of Labor (DOL) released a proposed rule updating overtime regulations for executive, administrative and professional employees (commonly referred to as white collar employees). The DOL...more
The U.S. Department of Labor (DOL) recently published updated health care provider certification forms for employers to provide employees who request leave under the Family and Medical Leave Act (FMLA) due to any one of the...more
6/16/2015
/ Department of Labor (DOL) ,
Disability Leave ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Genetic Discrimination ,
GINA ,
Healthcare ,
Hiring & Firing ,
Leave of Absence ,
Military Caregiver Leave ,
Required Forms ,
Safe Harbors ,
Title II ,
Veterans
On May 8, 2013, the U.S. Department of Labor (DOL) issued temporary guidance for employers to help them meet their obligations to notify employees of their health insurance exchange coverage options. State health insurance...more
On February 6, 2013, the U.S. Department of Labor (DOL) published new regulations that implement the federal Family and Medical Leave Act (FMLA) amendments made by the National Defense Authorization Act for FY 2010 (2010...more