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The "Gig" is Up: DOL Proposes Rule That Would Classify More Independent Contractors as Employees

The U.S. Department of Labor (DOL) has proposed a rule that would make it more difficult for companies to treat workers as independent contractors. The proposed rule would return to a "totality-of-the-circumstances" analysis...more

DOL Clarifies Scope of Fluctuating Workweek Overtime Pay Calculation

By definition, the hallmark of the fluctuating workweek (FWW) is that the hours fluctuate. Now, following another opinion letter from the U.S. Department of Labor (DOL) on the topic, employers know that this does not mean...more

DOL Issues Temporary Rule, Clarifies Paid Leave Under Families First Coronavirus Response Act

The U.S. Department of Labor (DOL) issued a Temporary Rule on September 11, 2020, regarding the paid sick leave and expanded family medical leave rules under the Families First Coronavirus Response Act (FFCRA). Effective...more

Federal Court in New York Strikes Down Key Provisions of DOL's FFCRA Final Rule

In State of New York v. United States Department of Labor, the Southern District of New York struck down several key aspects of the Department of Labor's (DOL) Final Rule implementing the provisions of Families First...more

DOL Opinion Letter Expands Scope of Activities Eligible for Intermittent Family Leave

On August 8, 2019, the U.S. Department of Labor – Wage and Hour Division (collectively the "DOL") issued Opinion Letter FMLA2019-2-A, which interpreted the Family and Medical Leave Act of 1993 (FMLA) to include providing...more

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