On September 1, 2020, the Philadelphia Commission on Human Relations (PCHR) will begin enforcing the Wage Equity Ordinance (Ordinance), which prohibits employers in Philadelphia from asking job applicants for their salary...more
Last week, the Department of Labor (DOL) issued additional guidance about the Fair Labor Standards Act (FLSA) and state unemployment compensation. Telework and Flex Schedules The DOL’s Wage & Hour division updated its...more
7/29/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
New Guidance ,
Paid Time Off (PTO) ,
Remote Working ,
Sick Leave ,
Unemployment Compensation System ,
Wage and Hour
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
6/26/2020
/ Back Wages ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Field Assistance Bulletins ,
Liquidated Damages ,
New Guidance ,
Relief Measures ,
Trump Administration ,
Wage and Hour
On June 3, 2020, Congress sent to the President for signature the Paycheck Protection Program Flexibility Act of 2020 (Act). The Act amends the Paycheck Protection Program (PPP) to add time and flexibility for borrowers with...more
The New York Court of Appeals recently affirmed the decision of the Unemployment Insurance Appeals Board that Postmates couriers should be classified as employees, not independent contractors, for purposes of unemployment...more
The National Labor and Review Board (NLRB) issued a final rule on February 25, 2020, that codifies a majority of the changes it proposed to its joint employer test in September 2018. These changes will take effect on April...more
2/26/2020
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
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
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
12/16/2019
/ Compensation & Benefits ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Labor Regulations ,
Non-Exempt Employees ,
Over-Time ,
Rate of Pay ,
Rulemaking Process ,
Wage and Hour
The fluctuating workweek (FWW) pay method allows employers to pay salaried, nonexempt employees a fixed salary, regardless of the number of hours worked per week. Under the FWW method, employees who work more than 40-hours...more
11/27/2019
/ Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal v State Law Application ,
Fluctuating Workweek ,
Non-Exempt Employees ,
Over-Time ,
Proposed Rules ,
Rate of Pay ,
Salaried Employees ,
State Labor Laws ,
Wage and Hour ,
White-Collar 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
The Department of Labor (DOL) issued an opinion letter on April 29, 2019 that provides guidance for gig economy companies on when workers can properly be classified as independent contractors not subject to the minimum wage...more
5/2/2019
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
Third-Party Service Provider ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
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
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
3/11/2019
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
Standard Duties Test ,
Wage and Hour ,
White-Collar Exemptions
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
Pennsylvania's Department of Labor and Industry (PA DOL) released proposed regulations that would alter when an employee can be classified as exempt from overtime wages under Pennsylvania law in two important ways...more
In a significant decision on the status of so-called "gig economy" workers, a California federal judge recently ruled that a former GrubHub Inc. delivery driver was an independent contractor, not an employee....more
2/16/2018
/ Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Mileage Reimbursement ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Uber ,
Wage and Hour
The Pennsylvania Superior Court recently affirmed that the use of the "fluctuating workweek" method to determine the amount of overtime owed violates the Pennsylvania Minimum Wage Act (PMWA), unlike the federal Fair Labor...more
Pennsylvania Governor Tom Wolf announced his administration's plan to update state overtime pay regulations, including a substantial increase in the salary an employee must earn to be exempt from overtime pay under state law....more
The Pennsylvania Superior Court recently affirmed that the use of the "fluctuating workweek" method to determine the amount of overtime owed violates the Pennsylvania Minimum Wage Act (PMWA), unlike the federal Fair Labor...more
The Seventh Circuit Court of Appeals has affirmed a lower court decision holding that student athletes' participation in college sports does not make them school employees entitled to compensation, a decision that should...more
12/8/2016
/ College Athletes ,
Educational Institutions ,
Employee Definition ,
Employees ,
Fair Labor Standards Act (FLSA) ,
NCAA ,
Remuneration ,
School Sports ,
Student Athletes ,
Universities ,
Wage and Hour
A federal judge in Texas has granted a nationwide preliminary injunction sought by several business groups and states preventing the U.S. Department of Labor (DOL) from enforcing its new overtime rules, which had been set to...more
The U.S. Department of Labor (DOL) announced a final rule Thursday requiring federal contractors to provide paid sick leave to employees who work on or in connection with certain federal contracts. The final rule implements...more
The U.S. Department of Labor (DOL) issued a final rule substantially increasing the annual salary an employee must earn to be exempt from overtime pay requirements. The final rule—which takes effect on December 1, 2016—will...more
In today's economy, organizations are increasingly looking to nontraditional sources of labor, including use of leased, outsourced, and other staffing arrangements that involve individuals who may not be on the organization's...more
4/7/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Indemnification ,
Joint Employers ,
NLRA ,
NLRB ,
Staffing Agencies ,
Title VII ,
Wage and Hour ,
Young Lawyers
Many employers will be required to report information on pay and hours worked for all of their employees under changes proposed by the U.S. Equal Employment Opportunity Commission (EEOC) to existing reporting requirements. In...more