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 …

Reimbursement of Personal Vehicle Use for Non-Exempt Employees

The Wage and Hour Division (WHD) of the United States Department of Labor (DOL) recently issued a letter that examines the nature and scope of non-exempt employees’ right to receive reimbursement for expenses related to use of a personal vehicle for work. (Opinion Letter FLSA2020-12) A company that employs delivery …

Highly Compensated Employee, Learned Professional Exemption

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 …

Calculating Overtime Pay With Fluctuating Workweek Method

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 …

Retail Sales Overtime Exemption Examined in DOL Letter

The United States Department of Labor (DOL) continues to moderate its review of what types of businesses may be able to assert the retail sale exemption from the overtime pay requirements of the Fair Labor Standards Act (FLSA). A new DOL opinion letter recently issued specifically examines this overtime exemption …

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 …