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Labor Department Issues New Independent Contractor Rule

On January 10, 2024, the Wage and Hour Division of the United States Department of Labor (“DOL”) published a final rule (the “Final Rule”), which became effective on March 11, 2024, modifying the DOL’s guidance on how to...more

Department of Labor Announces Proposed Regulations Regarding Worker Classification Under the FLSA

On September 22, the U.S. Department of Labor ("DOL") announced new proposed regulations regarding when workers can be classified as independent contractors under the Fair Labor Standards Act (“FLSA”). The FLSA requires...more

Department of Labor Issues New Guidance, Including Much Needed Guidance on Telework

On July 20, 2020, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) published further guidance regarding the protections and requirements of certain Acts—the Fair Labor Standards Act (“FLSA”), the...more

Unpaid Interns Back in the Spotlight: Second Circuit Hands Employers a Win

On December 8, 2017, the United States Court of Appeals for the Second Circuit issued a decision in favor of Hearst Corporation (“Hearst”) in the Wang v. Hearst Corp intern classification case. The Court addressed the proper...more

New York’s Highest Court Rules that Yoga Instructors are Independent Contractors: But Can Other Employers Hold that Pose?

The New York State Court of Appeals and New York City recently provided additional guidance for – and imposed additional requirements on – New York employers that use independent contractors. In In re Yoga Vida NYC, Inc....more

Following the Money: The EEOC Requires Big Employers to Track Pay Data

The U.S. Equal Employment Opportunity Commission (“EEOC”) announced last week that, starting in March 2018, it will collect summary pay data from private employers (including federal contractors and subcontractors) with 100...more

Tick-Tock: The Overtime Clock Starts Running For Millions More Workers

On May 18, 2016, the U.S. Department of Labor’s Wage and Hour Division (“DOL”) issued a final rule modifying overtime eligibility under the Fair Labor Standards Act (“FLSA”). The final rule, which goes into effect on December...more

With the Flick of a Pen, U.S. Department of Labor Announces that Most Workers Are Employees

On July 15, 2015, the Wage and Hour Division of the United States Department of Labor (“DOL”) issued guidance on employee and independent contractor classification under the Fair Labor Standards Act (“FLSA”). Stating that...more

Unpaid Internships Revived?: Second Circuit Gives the Green Light to Unpaid Internships So Long as the Intern “Benefits”

On July 2, 2015, the United States Court of Appeals for the Second Circuit issued its highly anticipated decision concerning unpaid internships, Glatt v. Fox Searchlight Pictures, Inc., No. 134478-cv (2d Cir. July 2, 2015)....more

Overtime Expansion Unveiled: Proposed USDOL Rule Would More Than Double the Salary Threshold for Overtime Exemptions

Yesterday, the U.S. Department of Labor’s (“DOL”) Wage and Hour Division announced a proposed rule that would significantly increase the salary threshold to classify employees as exempt from the minimum wage and overtime...more

Decision Alert: Supreme Court Holds Class Action Waiver in Arbitration Agreement is Enforceable

In a 5-3 ruling in American Express Co. v. Italian Colors Restaurant (“Amex”), 570 U.S. ___ (2013), the Supreme Court reversed the Second Circuit and held that an arbitration provision that barred class actions was...more

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