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 …
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 …
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 …
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 …
The Wage and Hour Division (WHD) of the United States Department of Labor (DOL) recently issued an opinion letter that addresses questions regarding the learned professional exemption and the highly compensated employee exemption. The company who requested the opinion letter is engaged in executive education for a variety of companies …
The Wage and Hour Division of the United States Department of Labor (DOL) recently issued a letter that examines the method of calculating overtime pay under the Fair Labor Standards Act (FLSA) when using the fluctuating workweek method. (Opinion Letter FLSA2020-14) In general, the FLSA requires employers pay nonexempt employees …
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 …
