The U.S. District Court for the District of Colorado decided that a sufficiently high day rate, although not a “salary” per se, was sufficient to satisfy the “salary basis” requirement for the FLSA’s white collar exemptions....more
As you may have noticed from our recent blog posts, the Department of Labor (“DOL”) has been busy. On the Trump Administration’s last full day in office (Tuesday, January 19, 2021), the DOL issued four new Opinion Letters—on...more
On September 22, 2020, the United States Department of Labor (“DOL”) proposed regulations intended to make it easier for companies to classify workers as independent contractors. The proposed rule offers a framework for...more
On February 27, 2020, the United States Court of Appeals for the Ninth Circuit issued its opinion in Rizo v. Yovino, No. 16-15372 (9th Cir. Feb. 27, 2020) (Rizo II). The Ninth Circuit ruled that “factors other than sex,” an...more
The DOL continues to issue proposed rules to “modernize” the FLSA. The latest proposal, if finalized, would clarify and update the requirements for how employers calculate the “regular rate” of pay. The “regular rate” is...more
Even the courts have noticed that U.S. workers often hold more than one job. Yesterday the Sixth Circuit Court of Appeals held that police officers who worked second jobs as security guards or directing traffic were not...more
On January 5, 2018, the US Department of Labor (“DOL”) endorsed the seven-factor “primary beneficiary test”, also known as the “Glatt Test,” to determine whether interns qualify as employees under the FLSA. See DOL Press...more
1/10/2018
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Employee Definition ,
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Wage and Hour