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DOL Issues Final FLSA Independent Contractor Rule, Returns to Six-Factor Economic Reality Test

The U.S. Department of Labor published a final rule Jan. 9, 2024, on distinguishing employees from independent contractors for purposes of minimum wage and overtime pay under the Fair Labor Standards Act (FLSA). The rule...more

National Labor Relations Board Significantly Alters Union Election Process

On Aug. 24 and 25, 2023, the National Labor Relations Board (NLRB) issued new regulations and a decision, which together overturn decades of precedent and represent a sea change in the union election process. First, the NLRB...more

Preventing COVID-19 Exposure, and Employer Liability, in the Workplace

Even while imposing “shelter in place” orders, the vast majority of states have authorized and encouraged essential businesses to remain open. As states relax their restrictions in the coming weeks and months, non-essential...more

8th Circuit: Employer Bound by Promise to Pay Performance Bonus to At-Will Employees

Employers who implement bonus programs to attract and retain key employees may be bound to the terms of those programs, the 8th U.S. Circuit Court of Appeals recently held. In Boswell v. Panera, LLC, the court affirmed that...more

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