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U.S. Department of Labor Issues New Final Rule for Classifying Independent Contractors, Effective March 11, 2024

On January 10, 2024, the U.S. Department of Labor (“DOL”) published a final rule that imposes a new, six-factor test (see below) for determining whether workers are “independent contractors.” The final rule takes effect on...more

DOL Working Overtime To Increase Salary Exemption Threshold

On August 30, 2023, the U.S. Department of Labor (“DOL”) announced its proposed watershed rule change to employee exemptions under the Fair Labor Standards Act (“FLSA”). This proposed rule, among other changes, would increase...more

FTC Proposes Ground-Breaking Rule Banning Non-Compete Clauses in Employment Contracts Nationwide

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a sweeping rule that would ban the use of non-compete provisions in employment contracts and require employers to nullify any existing non-compete clauses...more

Federal Contractor Minimum Wage Increase

The minimum wage for federal contractors may increase to $15.00 on January 30, 2022, up from the current minimum wage of $10.95. President Biden issued Executive Order 14026, which seeks to increase the minimum hourly...more

The New Reality: The Remote Workplace Is Here—Maybe Permanently!

A recent survey conducted by the Society of Human Resource Managers revealed that one of the top employment issues businesses face today is how best to train supervisors to effectively manage a remote workforce. Close behind...more

Can Companies Use the Outside Sales Exemption During a Pandemic?

COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees...more

Show Them the Money: Colorado’s New Equal Pay Law

Colorado’s Equal Pay for Equal Work Act (the “Act") goes into effect January 1, 2021. To implement the Act, the Colorado Department of Labor and Employment recently adopted the Equal Pay Transparency (“EPT”) Rules. This Legal...more

Court Rules That DOL Exceeds Authority in Its Coronavirus Paid Leave Regulations

On Monday, August 3, 2020, a federal judge in New York ruled that the U.S. Department of Labor (DOL) exceeded its authority by limiting employees’ eligibility for paid coronavirus leave under the Families First Coronavirus...more

COVID-19: Employment Squalls Likely to Hit Employers

Many employers have opened for business and now hope for much-needed smooth sailing. As they chart their course for open and calm waters, however, employers would be well-served to keep their spyglasses focused on the...more

Modernizing the FLSA: DOL Gives the 7(i) Exemption a Makeover

Section 7(i) of the Fair Labor Standards Act (FLSA) provides an often overlooked, but useful, exemption to an employer’s overtime obligations for certain commission-based employees of retail and service establishments....more

Updated EEOC Guidance for Employers Permits Testing for COVID-19

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published updated and expanded technical assistance addressing questions arising under federal equal employment opportunity laws related to the COVID-19...more

The DOL Updates Its Model Notice of Employee Rights Under the Families First Coronavirus Response Act

The United States Department of Labor (“DOL”) updated its “model” notice of employees’ rights pursuant to the Families First Coronavirus Response Act (“FFCRA” or “Act”). This updated model notice must be posted or distributed...more

Practical Guidance for Employers Grappling With the Coronavirus Threat

This week, the World Health Organization upgraded the global risk of the new coronavirus (COVID-19) to “very high” with over 83,000 cases being confirmed, including dozens in the United States. Employers are grappling with...more

New Year, New Restrictions on Non-Compete Agreements

States across the country continue to enact legislation limiting the use of non-compete agreements. The most notable trend is the applicability (or, rather, non-applicability) of non-competition agreements to low-wage...more

U.S. Department of Labor Issues New Rule Clarifying Exclusions from Overtime Calculation

On December 12, 2019, the U.S. Department of Labor (“DOL”) finalized a new rule that lets employers leave several perks, including tuition benefits, paid leave cash-outs, and some bonuses, out of the formula used to calculate...more

U.S. Department of Labor Issues Final Salary Threshold Rule, Effective January 1, 2020

On September 24, 2019, the U.S. Department of Labor (DOL) announced a final rule to make an estimated 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA). The DOL’s final rule...more

U.S. Supreme Court Adopts a “Fair Reading” Standard for FLSA Exemptions

On April 2, 2018, the U.S. Supreme Court issued its highly anticipated ruling in Encino Motorcars, LLC v. Navarro. Marking the second time the case was heard by the Supreme Court, the Court held that automobile dealership...more

Nationwide Injunction Halts Enforcement of DOL Regulation on Overtime Pay

Last week, a federal judge from the United States District Court for the Eastern District of Texas entered a nationwide preliminary injunction prohibiting the U.S. Department of Labor (“DOL”) from implementing updates to the...more

New Federal Overtime Exemption Rule Will Become Effective December 1, 2016

The Fair Labor Standards Act is the federal law applicable to overtime compensation for employees. The U.S. Department of Labor (USDOL) announced this week that the overtime rule changes it proposed in 2015 will become...more

Trying To Avoid Liability by Outsourcing Labor to Staffing Companies? It May Not Work As Well As You Think!

Joint employers beware… A recent case settled by the United States Department of Labor (DOL) Wage and Hour Division highlights how companies who outsource labor to staffing agencies may want to take precautions to ensure they...more

Are You Keeping the Records Related to Your Company’s Selection Procedures? The EEOC is Watching...

Is your company aware that federal regulations require that employers retain certain personnel and employment records related to its selection procedures? A recent lawsuit by the Equal Employment Opportunity Commission (EEOC)...more

Policies on Personal Use of Company-Issued Electronic Communication Devices

Many employers permit their employees to access personal accounts from company-issued electronic communications devices. They also permit employees to use their personal devices for work. Those rules are both convenient for...more

Phoenix Now Prohibits Employers from Discriminating on the Basis of Sexual Orientation, Gender Identity or Expression, and...

After more than five hours of heated debate and public discourse, the Phoenix City Council amended the Phoenix City Code on February 26, 2013 to ban discrimination in employment on the basis of “sexual orientation,” “gender...more

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