News & Analysis as of

President Obama Directs USDOL To Revamp FLSA Overtime Exemptions So More Employees Are Eligible For Overtime Pay

On March 13, 2014, President Obama signed a Memorandum directing the U.S. Department of Labor (USDOL) to revamp the regulations regarding who qualifies for overtime under the Fair Labor Standards Act (FLSA). The FLSA...more

Employers’ New Year’s Resolution: Review Employee v. Independent Contractor Classifications

As we enter 2014, employers should take the opportunity to review their classifications of employees and independent contractors to ensure they do not run afoul of the many overlapping statutes and regulations in this area....more

New York Partners With The U.S. Department Of Labor To Combat Worker Misclassification

On November 18, 2013, New York State announced that it is teaming with the U.S. Department of Labor (U.S. DOL) to protect employees against misclassification as independent contractors or other nonemployee statuses. Officials...more

Employee Or Independent Contractor – The War Has Been Waged

The battle between employers and government agencies over the classification of workers as employees or independent contractors (an “IC”) has been waged for years. Last year, the Internal Revenue Service and the U.S....more

Misclassification of Employees as Independent Contractors Will Remain a Top Priority Under New U.S. Secretary of Labor

The new head of the U.S. Department of Labor (DOL) will emphasize independent contractor misclassification as a top priority. Speaking this morning at a panel discussion in Chicago hosted by the American Bar...more

Am I An Employee?

As the U.S. economy, along with the job market, struggles through troubled times, more and more employers have latched on to the idea of using contracted workers rather than direct-hire employees in their operations — and...more

Employment Classification Lessons Learned From Scantland v. Jeffry Knight Inc.

A recent Eleventh U.S. Circuit Court of Appeals decision issued a strong admonition to employers: the misclassification of workers as independent contractors rather than employees may have serious financial and operational...more

Dealership Update, No. 3, August 2013: Courts Don't Buy DOL's Position On Service Advisors

We expect that our dealership clients are now familiar with the U.S. Labor Department’s continued attack on the exempt status of dealership service advisors. ...more

FMLA FAQ: Does Temporary Employment Count Toward FMLA Eligibility?

Q: We regularly utilize temporary employees, some of whom we hire permanently. Does the time they work as a temp (through an agency) count toward the 12-month and 1,250 hour eligibility requirements?...more

Unpaid Internships: What Are the Rules for Employers?

The tradition of hiring unpaid summer interns has a long, established history for many employers. The role of internships has expanded from an informal, summertime experience to workers looking to make a career change or get...more

Employers Must Comply With New DOL Notice Requirement Regarding Health Care Exchanges Under Affordable Care Act

On May 8, 2013, the Department of Labor (DOL) released new guidance imposing notice requirements on employers regarding the health care exchanges that are a key element of the Affordable Care Act. ...more

IRS Issues Proposed Regulations for Employer-Shared Responsibility under ACA

On December 28, 2012, the IRS issued proposed regulations with respect to employer-shared responsibility regarding health coverage under the Affordable Care Act of 2010 (ACA). Employers are permitted to rely on these proposed...more

Benefits and Compensation Alert - January 2013: IRS Issues Proposed Regulations On The “Employer Shared Responsibility” Penalties...

To make certain that 2013 will be as exciting as 2012, on January 2 the US Treasury issued proposed regulations under section 4980H of the Internal Revenue Code (“Code”), which was added to the Code by the Patient Protection...more

Monthly Benefits Update - January 2013

In This Issue: - Health & Welfare Plans ..Health Care Reform: IRS Issues Proposed “Pay or Play” Regulations ..Health Care Reform: IRS Issues FAQs on Various ACA Issues ..HHS Issues Final HIPAA Regulations...more

Labor & Employment Law Update - January 2013 : New Year Employer Checklist

In This Issue: - New Health Care Mandates - I-9's for Immigration in 2013 - A Policies and Procedures Review - Classifying Employees as Exempt or Non-Exempt? - Awareness of National Labor Relations Board...more

Take 5: Views You Can Use - January 2013

In this issue: - Assess the Workforce - Choose Whether to "Pay" or to "Play" - Evaluate Existing Wellness Programs and/or Implement New Wellness Programs to Enhance Employees' Health Profiles and to Avoid or Minimize...more

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