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DOL Plans to Propose Regulation for Determining FLSA Independent Contractor Status

Date:: July 8, 2020

A new regulation, which may be finalized before the end of the year, is expected to establish an employer-friendly standard for independent contractor classification.

DOL Will No Longer Automatically Seek "Double Damages" in FLSA Settlements

Date:: June 29, 2020

In an effort to remove regulatory "barriers to economic prosperity" as the nation recovers from the coronavirus (COVID-19) pandemic, DOL will no longer assess pre-litigation liquidated damages against employers if certain conditions are met.

New Fluctuating Workweek Rule Can Help With Social Distancing, Says DOL

Date:: May 22, 2020

A final rule clarifying that additional pay is compatible with the fluctuating workweek method of calculating overtime will help employers implement flexible work schedules as workers return to work following the coronavirus (COVID-19) pandemic, according to the US Department of Labor (DOL).

More Retailers Can Claim Overtime Exemption for Commissioned Salespersons, DOL Says

Date:: May 20, 2020

The US Department of Labor (DOL) has withdrawn a Fair Labor Standards Act (FLSA) regulation listing 134 different types of establishments that lack a "retail concept" and therefore were considered to be categorically ineligible for the classified salespersons exemption.

New FLSA Opinion Letters Address Regular Rate of Pay

Date:: April 1, 2020

The US Department of Labor (DOL) addressed whether certain longevity payments, referral bonuses and contributions to a group-term life insurance policy may be excluded from overtime calculations.

California Gig Worker Law Survives First Challenge in Uber, Postmates Lawsuit

Date:: February 19, 2020

A federal judge has denied Uber and Postmates' request for an injunction blocking enforcement of AB5, California's law that reclassifies most independent contractors as employees.

Exit Searches Count as Working Time, California Supreme Court Concludes

Date:: February 18, 2020

In Frlekin v. Apple, the Supreme Court of California held that the time employees spend waiting for and undergoing required exit searches of packages, bags or cellphones they voluntarily bring to work counts as compensable working time under California law.

New Jersey Expands WARN Act Plus Misclassification Penalties

Date:: February 6, 2020

New Jersey has enacted a host of pro-employee laws recently, including a broad expansion of the state's WARN Act and much stronger employer penalties for misclassifying workers.

Tip Credit Changes May Jar Employers

Date:: January 27, 2020

New legislation, proposed regulations and other directives regarding the minimum wage tip credit could necessitate changes in policies and practices for employers of tipped employees in Connecticut, Maryland, New Jersey and New York.

DOL Finalizes FLSA Joint Employment Rule

Date:: January 13, 2020

Welcomed by franchisors and others in the business community, the new Fair Labor Standards Act (FLSA) joint employment rule takes effect March 16.

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