Potential Changes to Wage and Hour Laws under the Biden Administration

Presidential elections in the United States can have a significant impact on how laws are enforced or changed from one administration to the next, especially where the political party of the President switches as a result of the election, as in 2020.  With the Biden administration beginning its transition to …

Independent Contractors vs. Employees: Impact on Franchising

The distinction between independent contractors and employees in the wage and hour context is not new.  For decades, courts across the country have wrestled with how to legally define these relationships and distinguish them.  Over time, this has resulted in several versions of a similar legal framework and tests that …

Tracking Hours Worked Remotely

On August 24, 2020, the United States Department of Labor (“DOL”) issued a Field Assistance Bulletin in order to provide guidance regarding employers’ obligation under the Fair Labor Standards Act (“FLSA”) to make and maintain accurate records of any employees who worked remotely as in away from any worksite or …