While the return of spring is a happy time for baseball fans, employers may be feeling a little less festive this April. Companies across the U.S. have been bracing for two significant regulations that were expected to be...more
4/24/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
Biden Department of Labor Rolls out (Yet Another) “Independent Contractor” -
Legal Standard Misclassifying an employee as an independent contractor can have significant ramifications for a business, particularly in terms...more
1/17/2024
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Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test
March 2021 has been a busy month in Washington, D.C. In addition to the passage of the American Rescue Plan (which includes tax updates relevant to employers), there have been three notable developments in the labor and...more
3/19/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
NLRA ,
NLRB ,
Proposed Amendments ,
Tipped Employees ,
Trump Administration ,
Union Elections ,
Unions
The “joint employer” test, which determines which organizations are liable for employee discrimination, wage and hour, and labor law claims, has in many ways resembled a game of legal “Whack-A-Mole” over the years. Indeed,...more
In state governments’ continuing efforts to target “Gig Economy” companies and other organizations who rely on independent contractors, New Jersey recently handed Uber Technologies, Inc. a bill for $650 million because it...more
12/5/2019
/ ABC Test ,
Business Model ,
Corporate Counsel ,
Department of Labor (DOL) ,
Disability Insurance ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Payroll Taxes ,
Popular ,
State Labor Laws ,
Trucking Industry ,
Uber ,
Unemployment Insurance ,
Wage and Hour
Earlier this year, HR Legalist updated readers about a proposed rule unveiled by the Trump Administration’s Department of Labor (“DOL”) that would increase the salary threshold, under which all employees must be paid overtime...more
9/27/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
New Rules ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
On April 9, 2019, the Department of Labor (“DOL”) published a Notice of Proposed Rulemaking aimed at clarifying the circumstances under which a business can be classified as a joint employer under the Fair Labor Standards Act...more