The new Department of Labor (DOL) Final Rule provides the following non-exhaustive six-factor test regarding whether a worker should be classified as an employee or an independent contractor for wage payment purposes...more
The Department of Labor (DOL)’s latest Opinion Letter regarding independent contractors (and how to distinguish them from employees) uses the same six (6) factors we have seen in previous letters....more
In the latest Department of Labor (DOL) Opinion Letter, issued on March 14, 2019, the question posed to the DOL was, “May we allow employees to use some or all of their paid leave before using FMLA leave in connection with an...more
The Wage and Hour Division of the Department of Labor (DOL) had taken a break for the past 9 years from issuing Opinion Letters. These Letters are not binding/do not have the effect of law, but can be beneficial to employers...more
The DOL issued the Final Rule this week regarding President Obama's Executive Order 13706, which requires some federal contractors to provide up to 7 days of paid sick leave to all of their employees starting January 1, 2017....more
The U.S. Department of Labor issued a proposed rule this morning that would expand federal overtime pay regulations to cover nearly 5 million additional employees by raising the minimum salary threshold required to qualify...more
The DOL has issued new FMLA leave certification forms.
The only changes are a new May 31, 2018 expiration date, a few more instructions from the DOL regulations and a reference to the GINA safe harbor exception....more
In another effort to remedy the chaos caused by the U.S. Supreme Court’s overturn of the DOMA in June of 2013, the Department of Labor (DOL) has issued its final rule defining who is a “spouse” for purposes of the federal...more
The recent pregnancy accommodation Guidance from the Equal Employment Opportunity Commission ("EEOC") makes it clear that discrimination against a female employee who is lactating or breastfeeding is illegal, in violation of...more
Here is a brief update to our September 24, 2013 alert, which addressed the administration of employee benefits as well as federal income taxes and FMLA leave following this summer’s ruling by the U.S. Supreme Court in United...more
In follow-up to our February 6 alert concerning the Department of Labor’s (DOL) issuance of new Family and Medical Leave Act (FMLA) regulations, remember that these go into effect this Friday, March 8, 2013. Accordingly, as...more
Aside from the new poster requirement, the other change in the new regulations which is anticipated to have the most widespread effect on employers is the “clarification” of the increments in which employers can require...more
Regarding situation (1) above, the DOL states that although the 26 weeks of “injured service member care leave” can only be used once per service member for the same illness or injury, employees also would be eligible to use...more