Classification

News & Analysis as of

California Can No Longer Ignore Federal Classification Rules

The U.S. Department of Labor recently announced its highly anticipated federal overtime rule under the Fair Labor Standards Act (FLSA). The new rule updates the minimum salary requirement for employees to be considered...more

Start Planning Now To Comply With New FLSA Regulations

The U.S. Department of Labor (USDOL) recently finalized its long-awaited rule that will double the minimum salary for employees to qualify for the overtime exemption under the Fair Labor Standards Act (FLSA). The impending...more

A Month in UK Employment Law - August 2016

News & Legislation Update - The UK votes to leave the EU - We could not write a roundup of news stories from the UK without referencing the UK's vote to leave the EU. The so-called "Brexit" has created...more

EU Customs Developments - June 2016

EU Customs Policy - Union Customs Code Developments - The minutes of the 13 May 2016 meeting between the European Commission and Member State experts, summarising the discussion on various amendments and...more

EU Customs Developments - May 2016

EU Customs Policy - Union Customs Code (UCC) Developments - On 11 May 2016, the European Commission published a correction to the Union Customs Code (UCC) Delegated Act. It removes references to certain special...more

Same-Day Delivery Companies: 2; MA Independent Contractor Statute: 0. First Circuit Once Again Upholds Classification of Couriers...

Relying on its precedent, the First Circuit Court of Appeals held for the second time this year that the Federal Aviation Administrative Authorization Act of 1994 (“FAAAA”) preempts application of the Massachusetts...more

Labor and Employment Group News: New Wage & Hour Salary Threshold for Exempt Positions Announced May 18, 2016

On May 18, 2016, President Obama and Labor Secretary Perez announced the publication of the final rule updating the overtime pay protections. The Department says that the new rule "will automatically extend overtime pay...more

Employment Law Navigator – Week in Review: May 2016 #2

Last week, the EEOC continued its efforts to include sexual orientation and gender identity as forms of prohibited sex discrimination under Title VII. The agency obtained a $140,000 settlement from a technology company that...more

Approval of the DOL's Changes to the Overtime Exemption Rules Is Imminent

Last year, the U.S. Department of Labor (DOL) proposed rules to increase the salary level for employees exempt from overtime under the Fair Labor Standards Act (FLSA). The proposed rules sought to increase the salary level...more

International Swaps and Derivatives Association Publishes Updated Asset Classification Letter

The International Swaps and Derivatives Association published an updated ISDA European Markets Infrastructure Regulation Classification Letter. The purpose of the Classification Letter is to assist market participants in...more

More On The New Rules For White-Collar Exemptions: Strategies To Consider

Last week, we highlighted the Department of Labor’s (DOL) new proposed amendments to the “white-collar” exemption regulations. As the proposed rules move closer to becoming final this summer, with an effective date 60 days...more

Employment Alert: "Responding to the Skyrocketing Rate of Wage and Hour Claims"

It is no secret that wage and hour cases are on the rise. As several news sources have recently reported, this issue is of particular concern in the oil and gas industry. According to the Federal Judicial Center, in 2015...more

California Bill Seeks to Enable Independent Contractors in the “Gig Economy” to Organize, Bargain, and Strike

In what could prove a harbinger of worker classification developments to come, Assembly Member Lorena Gonzalez (D – San Diego) has proposed AB 1727, “The California 1099 Self-Organizing Act.” The bill, which is at the...more

Is Final Rule on White Collar Exemptions a Hidden Opportunity for Employers?

It is no secret that last summer the Department of Labor (DOL) proposed substantial amendments to the white collar exemption regulations. Namely, the DOL proposed raising the minimum salary threshold from $23,660 to $50,440...more

China FDA Launches a New Classification System for Registration of Chemical Drugs

China FDA formally launched a new classification system for chemical drugs, with the release of the Reform Scheme of the Classification System for Registration of Chemical Drugs (“Reform Scheme”) on March 4, 2016. The Reform...more

"Employment Flash - February 2016"

The February 2016 edition of the Employment Flash looks at the EEOC's proposal for collecting equal pay information, the DOL's recent interpretation of joint employment liability under the FLSA and MSPA, Lyft's settlement of...more

EU Customs Developments

EU Customs Policy - Union Customs Code Developments - On 21 August 2015, the European Commission formally submitted its draft Delegated Act under the Union Customs Code (UCC) to the Council and the European...more

Proposed FLSA Regulation Means Higher Salaries in California

Earlier this summer, the U.S. Department of Labor (“DOL”) issued a proposed regulation that could make it more difficult for employers to classify employees as “exempt,” i.e., exempt from being paid overtime, under federal...more

Hot Topics: Worker Classification Issues

Worker classification issues are popping up in the news a lot again. This is because the National Labor Relations Board (NLRB) is taking a more aggressive view on joint-employer standards under the National Labor Relations...more

Telemedicine or just a gadget for fitness addicts? Mobile Health Apps and the law

Mobile health (mHealth) apps are becoming more and more popular. Back in 2013, more than 97,000 health apps were already on the market. According to the European Commission (EC), this figure now amounts to around 100,000...more

DOL Issues Guidance Concluding that Most Workers are Employees Under the FLSA

The Department of Labor (DOL) recently issued new guidance addressing independent contractor classification under the Fair Labor Standards Act (FLSA). In Administrator’s Interpretation No. 2015-1, the DOL interprets the...more

Saudi Arabia update - August 2015

Legal Developments - Expatriate Workers Restricted from Certain Job Categories - As part of Saudi Arabia’s ongoing Saudization campaign, the Ministry of Labor (MoL) identified this month 19 jobs that are restricted...more

The Real Battle over Independent Contractors and the ABC Test In Connecticut

You’ve no doubt heard lots about how the U.S. Department of Labor is cracking down on independent contractors. I’ve recapped it before and my former colleague, Jonathan Orleans, has a new post regarding Uber & electricians....more

Can Employees Trust Human Resources?

After the initial NYT story ran, saying the workplace at Amazon is cutthroat — still uses “forced rankings” and even encourages employees to secretly bad-mouth each other to their bosses, has employees who break down in tears...more

August 2015 Immigration Alert

I. USCIS Issues Guidance on When an Amended H-1B Petition Is Required After Matter of Simeio Solutions, LLC - On July 21, 2015, the U.S. Citizenship and Immigration Services (“USCIS”) released a policy memorandum...more

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