Classifying a worker as an independent contractor rather than an employee can be one of the more complicated—and risky—decisions an employer can make, as misclassification can lead to serious legal and financial consequences. Once again, however, the proper standard for classifying a worker under the Fair Labor Standards Act (“FLSA”) is in flux.
Immigration enforcement by United States Immigration and Customs Enforcement (ICE) has recently increased. Taking a proactive approach could help employers prepare to face immigration enforcement actions, such as raids or I-9 audits, and mitigate employer risks. The first step is for employers to understand and familiarize themselves with the differences between ICE audits and raids.
Last week, President Trump’s nominee for Secretary of Labor, former Oregon Congresswoman Lori Chávez-DeRemer, appeared before the Senate Committee on Health, Education, Labor, and Pensions for her confirmation hearing. Her nomination was something of a surprise as Chávez-DeRemer, the daughter of a lifelong Teamster, was known for taking more union-leaning stances during her short stint in Congress. For example, as a member of the House, Chávez-DeRemer was one of three Republicans to support the Protecting the Right to Organize (PRO) Act. The PRO Act sought to expand labor protections and weaken “right-to-work” laws, which allow employees to opt-out of participation in or paying dues to unions that represent workers at their place of employment.
On November 15, 2024, the US District Court for the Eastern District of Texas overturned the Department of Labor’s (DOL) final rule which increased the salary threshold for workers to be exempt from overtime requirements.
The Department of Labor (DOL) announced on April 23, 2024, a final rule that expands the compensation threshold for exemption eligibility under the Fair Labor Standards Act (FLSA). On July 1, 2024, most salaried workers who earn less than $43,888 per year will become eligible for overtime pay under the final rule, which increases the salary threshold from $35,568 to $43,888 per year. This threshold will increase again on January 1, 2025 to $58,656 per year.
In this new podcast episode, recent cases and news from the world of Labor & Employment Law will be discussed.
On October 13, 2022, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) to modify Wage and Hour Division regulations to revise its analysis for determining employee or independent contractor classification under the Fair Labor Standards Act (FLSA).
On April 1, the Department of Labor (DOL) issued a temporary rule to help employers navigate the recent expansion to paid family medical and sick leave established under the Families First Coronavirus Response Act (FFCRA). The rule reiterates several of the “critical issues” clarified by the DOL in previous guidance on the FFCRA, further details the “small business exemption” to the FFCRA, and clarifies the instances in which the expanded family medical leave and paid sick leave overlap.
Late last week the DOL issued two additional sets of guidance on the FFCRA to answer many of the pressing questions employers have been asking as they prepare for its April 1, 2020 effective date. The guidance is in FAQ format and covers a wide variety of topics over a current total of 59 questions and answers. Some of the highlights include:
On October 22, 2019, the Department of Labor issued proposed rules intended to relax the current (and, in many respects, outdated) electronic disclosure rules. The proposed rules offer additional e-disclosure options and have the potential to save ERISA plans significant time and money. Notably, the proposed rule includes a new, voluntary safe harbor which would allow employers to make retirement plan disclosures via website, subject to certain requirements such as participant notifications and specific website standards. The rule would permit default electronic delivery ...
Topics/Tags
Select- Employment Law
- Labor & Employment Law
- Discrimination
- Americans with Disabilities Act
- EEOC
- Pregnancy Discrimination
- Labor Law
- Department of Labor
- Supreme Court
- Title VII
- Compliance
- NLRB
- Coronavirus
- Workplace Violence
- FLSA
- Non-Compete Agreements
- Department of Justice
- Religion Discrimination
- Reasonable Accommodation
- NLRA
- Performance Improvement Plans
- Diversity
- Department of Homeland Security
- Immigration and Customs Enforcement
- Foreign Nationals
- Immigration and Nationality Act
- National Labor Relations Board
- Wage & Hour
- Privacy
- Employee Benefits and Executive Compensation
- Federal Trade Commission
- Overtime Pay
- Artificial Intelligence
- Inclusion
- LGBTQ+
- Arbitration
- FMLA
- Workplace Accommodations
- Employment Litigation
- Litigation
- IRS
- Medical Marijuana
- Social Media
- Employer Policies
- Disability Discrimination
- Retirement
- National Labor Relations Act
- Accommodation
- Sexual Orientation Discrimination
- Race Discrimination
- OSHA
- Employer Handbook
- ERISA
- ADAAA
- Medical Cannabis Dispensaries
- Unions
- Whistleblower
- ACA
- Affordable Car Act
- Employer Rules
- United States Supreme Court
- Sexual Harassment
- Technology
- Federal Arbitration Act
- Transgender Issues
- Disability
- 401(k)
- Employment Settlement Agreements
- Sixth Circuit
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Benefits
- Paycheck Protection Program
- Gender Identity Discrimination
- Posting Requirements
- Class Action Litigation
- Disability Law
- E-Discovery
- Evidence
- Securities Law
- Environmental Law
- Family and Medical Leave Act
- Health Savings Account
- Preventive Care Benefits
- Privacy Laws
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Representative Election Regulations
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Electronically Stored Information
- Telecommuting
- Affirmative Action
- Compensable Time
- Equal Opportunity Clause
- Occupational Safety and Health Administration
- Security Screening
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Unemployment Insurance Integrity Act
- American Medical Association
- Attendance Policy
- Return to Work
- Seniority Rights
- Classification
- Confidentiality
- Disability Leave
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- Social Media Content
- State Minimum Wage
- Wage Increase
- Antitrust
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
Recent Posts
- SCOTUS Lowers Bar for Reverse Discrimination Claims
- Revisiting ADA Compliance: Lessons from a Recent Court Decision
- Federal Court Strikes Down Part of EEOC Rule Requiring Accommodations for Elective Abortion Under the PWFA
- More on Equal Opportunity: Executive Order Seeks to End Disparate Impact Liability to promote Equal Opportunity
- PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis
- The Independent Contractor Tug-of-War: Navigating the Latest DOL Shifts
- ICE Raids and Audits – What’s an Employer to Do
- New Online Registration Requirements for Foreign Nationals
- Workplace Violence: Are You Taking Required Steps to Protect Your Employees?
- EEOC & DOJ New Guidance on DEI-Related Discrimination: What Does it Mean for Employers?