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Tipped Over: Fifth Circuit Vacates the DOL's Rule for Tipped Employees

The United States Court of Appeals for the Fifth Circuit issued a ruling on August 23, 2024, vacating a 2021 Final Rule of the Department of Labor (DOL), which limited the circumstances under which employers can claim a "tip...more

To Be or Not to Be: Department of Labor Proposes Rule Addressing Employee/Independent Contractor Classifications

On October 11, 2022, the U.S. Department of Labor announced that it will publish a Notice of Proposed Rulemaking in the Federal Register on October 13 to provide guidance on classifying workers as employees or independent...more

Top Three Steps for Employers To Take When Facing Fraudulent Unemployment Claims

Government agencies have been grappling for nearly a year with ongoing attacks directed at state unemployment programs through unique fraud schemes. The Department of Labor (DOL) has estimated that approximately $36 billion...more

Fraudulent Unemployment Claims on the Rise: What Should Employers Do?

Government agencies are grappling with the theft of millions of taxpayer dollars through unique fraud schemes directed at state unemployment programs. Employers often are the first to discover these schemes when they learn...more

Here's a Tip: Proceed with Caution on Tip-Pooling

In passing the omnibus spending bill earlier this year, Congress included an amendment to the Fair Labor Standards Act (FLSA) that significantly changed the rules for pooling/splitting tips. The amended rules have been in...more

Technology, Guns and the NLRB – Get Ready for 2016

Happy New Year! To help ring in the New Year and pin down last-minute New Year’s resolutions, let’s look at six topics impacting the workplace in 2016...more

Employee Misclassification Goes Viral with the Introduction of On-Demand Start-Ups, but the DOL May Have Just Crashed the Server

The United States Department of Labor (DOL) administers and enforces the Fair Labor Standards Act (FLSA). The FLSA is the federal law commonly known for minimum wage, overtime pay and related recordkeeping requirements. The...more

The Duties Test Trap Set by the Department of Labor: How Employer Comments (Due September 4) Should Address It

It has been widely reported that the Department of Labor (DOL) on June 30, 2015 proposed raising the salary level of executive, administrative and professional (EAP) employees as a requirement of exempt status under the Fair...more

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