The new rule makes it more difficult under federal law to classify workers as independent contractors.
The new rule adopts the six-factor economic realities test, rather than the more stringent “ABC” test adopted by...more
On April 14, 2022, the SJC held that where employees’ sole claims for overtime wages rest on the employer’s liability under the FLSA, employees are limited to the remedies provided under the FLSA, and may not receive treble...more
4/15/2022
/ Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Labor Law Violations ,
MA Supreme Judicial Court ,
Over-Time ,
Retroactive Application ,
State Labor Laws ,
Unpaid Wages ,
Wage Act ,
Wage and Hour
On December 13, 2021, the Massachusetts Supreme Judicial Court (SJC) issued a highly-anticipated opinion, recognizing the concept of joint employment under the Massachusetts Wage Act (“Wage Act”) and setting forth the...more
On September 24, 2021, the U.S. Department of Labor (DOL) issued a new final rule strengthening the enforcement provisions of existing regulations concerning tipped employees. While various regulations relating to tipped...more
On July 29, 2021, the Department of Labor (“DOL”) announced that it will rescind a Trump administration rule that limited the circumstances in which multiple employers could be deemed “joint” employers of the same employee....more
On May 5, 2021, the United States Department of Labor (DOL) issued a final rule rescinding a 2020 rule promulgated by the Trump administration that made it easier for workers to be classified as independent contractors rather...more
5/14/2021
/ Biden Administration ,
Classification ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Trump Administration
UPDATE: The Biden administration has announced that the implementation of this rule will be delayed by 60 days to provide for further review. Originally scheduled to go into effect on March 1, 2021, the rule now has an...more
On December 22, 2020, the U.S. Department of Labor (DOL) issued a final rule revising certain regulations under the Fair Labor Standards Act (FLSA) related to tipped employees. However, because of the timing of the new rule,...more
12/30/2020
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hospitality Industry ,
Minimum Wage ,
New Rules ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour
On September 22, 2020, the U.S. Department of Labor (DOL) unveiled its long-awaited proposed independent contractor rule. The new rule sets forth a new standard for determining whether a worker can be classified as an...more
On May 18, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a final rule eliminating a list of businesses prohibited from taking advantage of the commission sales exemption to the overtime...more
On Wednesday, April 1, 2020, the U.S. Department of Labor (DOL) issued new formal regulations interpreting the Families First Coronavirus Response Act. Those regulations largely formalized the informal guidance the DOL has...more
February 25, 2020, the National Labor Relations Board (NLRB) released the final version of its new joint employer rule, which limits the circumstances in which franchisors and businesses that use employees hired by third...more
Last week, the U.S. Department of Labor (DOL) released the final version of its new “joint employer” rule. The rule limits the scenarios in which businesses will be treated as joint employers under the Fair Labor Standards...more
Last week, the United States Department of Labor (“DOL”) announced a rule clarifying the types of compensation that should be included when determining an employee’s “regular rate” of pay for the purpose of calculating...more
On September 24, 2019, the U.S. Department of Labor (DOL) unveiled the final version of its new overtime salary basis rule. The new rule increases the minimum salary threshold for salary-based overtime exemptions from $455...more
On April 1, 2019, the U.S. Department of Labor (DOL) issued a proposed rule that would clarify when two entities may be considered joint employers of an employee for purposes of the Fair Labor Standards Act (FLSA), and...more
Less than a month after proposing an increase to the salary threshold for certain overtime exemptions, the U.S. Department of Labor (“DOL”) has announced another possible rule change impacting the way employers pay employees...more
Since the 1950s, the U.S. Supreme Court has taken the view that the exemptions to the Fair Labor Standards Act (“FLSA”), which exempt employees from the FLSA’s minimum wage and overtime requirements, should be interpreted...more
In a recent decision, a Massachusetts Superior Court judge clarified the standard for determining whether employers must pay employees for time spent on meal breaks under Massachusetts law. In Devito v. Longwood Security...more
On November 22, 2016, a federal judge in Texas issued a nationwide injunction preventing the U.S. Department of Labor (DOL) from implementing its new overtime rule. The rule – which would have raised the salary threshold...more
On December 1, 2016, the U.S. Department of Labor’s new overtime rule will take effect. Most significantly, effective December 1, 2016, the minimum salary a worker must be paid to qualify for the executive, administrative,...more
On May 18, 2016, the U.S. Department of Labor (“DOL”) issued its final rule revising the so-called “white collar” exemptions under the Fair Labor Standards Act (“FLSA”). Most significantly, the rule raises the minimum salary...more
On January 27, 2014, the U.S. Supreme Court held in Sandifer v. United States Steel Corp. that the Fair Labor Standards Act did not require an employer to pay workers for time spent donning and doffing protective gear. The...more