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DOL Final Rule for Tipped Employees Resurrecting the "80/20 Rule" (and More) Goes Into Effect on December 28

As service industry employers are aware, the Fair Labor Standards Act (FLSA) and its implementing regulations issued by the U.S. Department of Labor (DOL) allow for employers to take a credit against their minimum wage...more

What Employers Need to Know About the DOL’s Changing Positions on Who is an Independent Contractor

Near the end of President Trump’s term in office, the U.S. Department of Labor (“DOL”) issued a new rule for determining the difference between “employees” and “independent contractors” under the Fair Labor Standards Act...more

Cannabis Industry Subject to Federal Wage Law Says Tenth Circuit

On September 20, 2019, the Tenth Circuit held that cannabis industry employers are subject to the Fair Labor Standards Act (FLSA). Defendant contended that because the employer’s employment activities are in violation of the...more

Tenth Circuit to Decide if the FLSA Applies to Employers in the Cannabis Industry

In January 2018, the District Court for the District of Colorado rejected a cannabis company's argument that it was not subject to the Fair Labor Standards Act (FLSA) because it was engaged in an industry "entirely forbidden"...more

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