Western District of Arkansas Declines To Adopt the Fifth Circuit’s Approach to FLSA Conditional Certification

In a recently issued opinion, the United States District Court for the Western District of Arkansas refused to adopt the Fifth Circuit’s new approach to conditional certification under the Fair Labor Standards Act (“FLSA”). See McCoy v. Elkhart Products Corp., No. 5:20-cv-05176, 2021 WL 510626 (W.D. Ark. Feb. 11, 2021). …

New Independent Contractor Rules? Not So Fast

During the Trump Administration, the Wage and Hour Division (“WHD”) of the United States Department of Labor (“DOL”) resumed the practice of issuing formal Opinion Letters that shed light on how the agency would interpret and enforce wage and hour laws and regulations.  The Obama administration generally elected to provide …

The Last Lame Duck Opinion Letters from the Trump Administration

On January 19, 2021, the Wage and Hour Division (WHD) of the United States Department of Labor (DOL) issued several opinion letters addressing issues and questions related to exemptions and potential misclassification under the Fair Labor Standards Act (FLSA).  Three of those opinion letters are addressed in this article. Retail …

Employment Laws to Take Effect in New Year

The COVID-era has brought many challenges for employers and employees alike when it comes to employment laws. Going into the new year, some states are enacting new legislation that centers on how to better distinguish independent contractors from employees, safety related changes, and leave requirements. Below are descriptions of new …

New Joint Employer Rule Overturned

One of the key reforms of federal labor policy under the Trump Administration was struck down in September by District Judge Gregory H. Woods of the U.S. District Court for the Southern District of New York. In a lengthy opinion, Judge Woods concluded the United States Department of Labor’s new …

Definition of Independent Contractor Clarified in DOL Letter

The United States Department of Labor (DOL) recently proposed a new rule that would change the interpretation of independent contractor status under the Fair Labor Standards Act (“FLSA”). If finalized, the DOL suggests the proposed rule would promote certainty for companies, reduce opportunity for employee litigation, and encourage innovation in …