Performance Reviews: Lessons from Severance — Hiring to Firing Podcast
California Employment News: Back to the Basics of Employee Pay Days
The Labor Law Insider - How Unions Are Navigating Trump 2.0, Part I
Nonprofit Employer Return-to-Office Mandates: Best Practices and Litigation Risks
The Labor Law Insider: What's Next for Labor Law Under the Trump Administration, Part I
#WorkforceWednesday®: Employment Law in 2025: A Look Ahead - Employment Law This Week®
Employment Law Update: Staying Compliant in 2025
#WorkforceWednesday®: 2024 Workforce Review - Top Labor and Employment Law Trends and Updates - Employment Law This Week®
Employment Law Now VIII-155 - The Trump 2.0 Impact on Labor and Employment Law
#WorkforceWednesday®: Biden’s Final Labor Moves - Employment Law This Week®
The Labor Law Insider - Elections Have Consequences: Labor Law Changes Anticipated Under Trump Administration, Part I
#WorkforceWednesday®: What a Trump Win Means for Unions - Employment Law This Week®
(Podcast) California Employment News: Minimum Wage Increases for 2025
Work This Way: A Labor & Employment Law Podcast - Episode 35: Navigating Union Campaigns with Armando Llorente of Llorente HR Consulting
California Employment News: A Refresher on Voting Leave Laws for CA Employers
(Podcast) California Employment News: A Refresher on Voting Leave Laws for CA Employers
Work This Way: A Labor & Employment Law Podcast - Episode 33: Generations in the Workplace with Caroline Warner of The South Carolina Power Team, Part 1
Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part II
The Chartwell Chronicles: Employment Law Updates
DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
Few federal regulations over the past five years have produced more needless concern by stakeholders than the independent contractor rules under the federal Fair Labor Standards Act (FLSA) issued by the different...more
In this episode of The Burr Broadcast, Chandler Aragona explains the new Independent Contractor rule that goes into effect on March 11, 2024. ...more
Fair Labor Standards Act - The FLSA establishes minimum wage, overtime pay, and payday standards, in addition to recordkeeping obligations and other workplace mandates. Importantly, the FLSA only places requirements on...more
The US Department of Labor published a Proposed Rule on October 13 seeking to return to applying a test that would make it more difficult for certain workers to qualify as independent contractors....more
On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more
On May 6, 2021, the U.S. Department of Labor formally withdrew final regulations promulgated earlier this year under the prior administration which set forth, for the first time by way of an Administrative Procedure Act...more
On May 6, 2021, the United States Department of Labor (DOL) withdrew proposed rules set by the Trump Administration, which were originally intended to revise the test for classifying workers as independent contractors at the...more
On May 5, 2021, the Department of Labor (DOL) announced a final rule to withdraw a Trump-era independent contractor rule for determining how to classify workers under the Fair Labor Standards Act (FLSA). The DOL stated that...more
On May 5, 2021, the U.S. Department of Labor withdrew the pro-business Independent Contractor Final Rule published in the final days of President Trump’s administration. This withdrawal follows the Department of Labor’s...more
As expected, the U.S. Department of Labor (DOL) has repealed the Trump-era rule regarding classification of independent contractors. As we discussed here, the Trump-era rule codified the “economic realities test” for use...more
It’s official – the U.S. Department of Labor has withdrawn the Independent Contractor Rule that was to become effective on May 7th. The rule – proposed by the DOL during the Trump administration – had overwhelming support...more
On May 5, 2021, the Department of Labor (DOL) confirmed it is withdrawing the rule promulgated under the Trump administration addressing how to determine whether a worker is an employee or independent contractor under the...more
The Department of Labor (DOL) has officially published its notice proposing to withdraw the new rule – issued two weeks before the change in Presidential Administrations – allowing employers to more easily classify workers as...more
In week five, the Administration’s labor and employment activity includes a new NLRB General Counsel appointee, an executive order revoking Trump’s industry-led apprenticeship program, the DOL’s continual withdrawal of Trump...more
Employers may be disappointed to learn that the Department of Labor’s recently issued rule clarifying the definition of “independent contractor” will likely no longer go into effect on March 8th, 2021. On January 20th, the...more
With no clear guidance and different factors being given different weight by different courts, employers have struggled for years with whether workers can be properly classified as independent contractors, rather than...more
Employers now have a clearer picture of how to determine whether a worker is classified as an employee or independent contractor under the Fair Labor Standards Act (FLSA) thanks to a new final rule from the U.S. Department of...more
The U.S. Department of Labor (DOL) has finalized a rule addressing how to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA), effective March 8, 2021. Under the FLSA,...more
On January 6, 2021, the U.S. Department of Labor (DOL) finalized its highly anticipated independent contractor rule. The rule delivers on the DOL’s promise to simplify, clarify and harmonize the factors for determining when...more
The U.S. Department of Labor (DOL) on Sept. 22, 2020, proposed new regulations designed to codify criteria to identify independent workers under the Fair Labor Standards Act (FLSA). Independent contractors are not employees...more
While the proposed rule retains the “economic realities test,” it consolidates the existing factors used to guide analysis of independent contractor status under the Fair Labor Standards Act and focuses on two “core factors.”...more
The U.S. Department of Labor (DOL) recently announced a long-awaited proposed rule that addresses how to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). Under the...more
For decades, companies have wrestled with whether certain workers must be treated as employees subject to various employment laws and company rules or whether they are appropriately classified as independent contractors with...more
A report by Ben Penn in Thursday’s Bloomberg Law casts serious doubt about whether the Department of Labor will proceed with a misclassification rule before the end of this presidential term. We reported last month that the...more
Over the past six months, Congress has made two notable attempts to amend the Fair Labor Standards Act of 1938 (the “FLSA”). In July, U.S. Representative Elise Stefanik (R-NY) introduced The Modern Worker Empowerment Act...more