On January 7, 2021, the federal Department of Labor (DOL) published its final rule for determining whether a worker is an independent contractor or an employee for purposes of the Fair Labor Standards Act (FLSA). According to...more
1/11/2021
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Wage and Hour
The company holiday party can boost employee morale and celebrate the company’s successes in the past year, but a holiday party may also create a few legal pitfalls for the unwary employer. If you are planning an...more
Federal law prohibits marijuana use. Despite this, over the last few years, many states have legalized marijuana use for both medicinal and recreational purposes. ...more
In a news release issued this month, the federal Department of Labor (DOL) advised that it will begin using a more flexible test to determine whether interns are really employees. This is important, in part, because...more
It’s holiday party time! The company holiday party can boost employee morale and celebrate the company’s successes in the past year, but a holiday party may also create a few legal pitfalls for the unwary employer....more
Employers who routinely ask applicants about their salary history should be aware that in a growing number of jurisdictions that practice may be illegal. Last week, California became the fourth state to enact a law...more
On September 5th, the Trump administration announced that the Deferred Action for Childhood Arrivals (DACA) program will end in six months, on March 5, 2018, unless Congress agrees on a replacement for the program. Employers...more
As the summer work season approaches, employers should review whether any “interns” or “volunteers” in their workplaces are classified properly and are being compensated appropriately. Although unpaid internships are...more
The Department of Labor (DOL) recently issued an Administrator’s Interpretation on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA)....more
The Equal Employment Opportunity Commission (EEOC) recently issued comprehensive "Enforcement Guidance on Pregnancy Discrimination and Related Issues” (the Guidance). Along with the Guidance, the EEOC issued a Q&A document as...more
10/22/2014
/ Americans with Disabilities Act (ADA) ,
Employee Rights ,
Employer Liability Issues ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
PDA ,
Pregnancy ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Small Business ,
Title VII
Employers who use summer interns should be aware that interns may be entitled to certain protections under the labor laws. Generally, interns are considered to be employees entitled to minimum wage and overtime protections....more
In This Presentation:
- Introduction
- FLSA “White Collar” Exemptions
- Three Tests for Exemption
- Salary Level Test
- Salary Basis Test
- Can the Employer Make Deductions?
-...more