The Department of Labor ("DOL") released a proposed rule on September 22, 2020, containing a new test for determining independent contractor status under the Fair Labor Standards Act ("FLSA"). In many cases, the new test...more
9/30/2020
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Labor Regulations ,
Minimum Wage ,
Over-Time ,
Proposed Rules ,
Wage and Hour
The Situation: Seventeen states and the District of Columbia filed suit in the Southern District of New York seeking declaratory and injunctive relief against the U.S. Department of Labor's ("DOL") new joint employer...more
9/17/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
New Rules ,
Rulemaking Process ,
Wage and Hour
A Department of Labor rule provides that payments other than fixed salary are compatible with the fluctuating workweek method of calculating overtime pay under the FLSA.
The Department of Labor's Final Rule, which took...more
On May 9, 2018, New York City Mayor Bill de Blasio signed legislation designed to combat workplace sexual harassment. Similar legislation was passed as a part of the New York State Budget enacted on April 12, 2018. To ensure...more
5/23/2018
/ #MeToo ,
Commission on Human Rights ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Federal Arbitration Act ,
Hiring & Firing ,
Independent Contractors ,
Mandatory Arbitration Clauses ,
Mayor de Blasio ,
Non-Disclosure Agreement ,
Sexual Harassment ,
State Labor Laws