Today marks two additional efforts by President Biden’s Administration to reverse the Trump Administration’s rulemaking. This time, two U.S. Department of Labor rules that were both published in the Federal Register as final...more
With the growth of the gig economy, the increased desire of some workers to control their own work hours to ensure a work-life balance, and the evolution of the modern workplace to one in which workers rarely retain one...more
In the previous part of this series, we wrote about how the shift to permanent remote work comes with some challenges that implicate accommodation laws and performance management of remote workers. In part two of this series...more
Seyfarth Synopsis: Much has been written in the past few weeks about a recent federal court decision that invalidated the U.S. Department of Labor’s (“DOL”) joint employment rule. While the immediate reaction of some may be...more
For decades, companies have wrestled with whether certain workers must be treated as employees subject to various employment laws and company rules or whether they are appropriately classified as independent contractors with...more
9/23/2020
/ Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Misclassification ,
Wage and Hour
Seyfarth Synopsis: The U.S. DOL has confirmed that there is no per se violation of the FLSA’s minimum wage requirement when low-wage employees are reimbursed for their use of a personal vehicle at a reasonable rate that is...more
Seyfarth Synopsis: In part one of a series concerning managing the future tele-workforce, below are some tips to navigate reasonable accommodation requests and monitor the performance of employees who will likely be working...more
7/28/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Monitoring ,
Employer Liability Issues ,
Health and Safety ,
Performance Incentives ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Wage and Hour
Seyfarth Synopsis: In its first published ruling on such issues, the U.S. Court of Appeals for the Second Circuit disagreed with some earlier court rulings and, in keeping with the U.S. Department of Labor’s new interpretive...more
Seyfarth Synopsis: On April, 17, 2020, the Eleventh Circuit Court of Appeals in Durham v. Rural/Metro Corp., No. 18-14687, considered a matter of first impression within the Circuit and became one of the first appellate...more
Seyfarth Synposis: As of March 16, 2020, Colorado’s daily overtime and meal and rest break requirements for non-exempt employees, as well as its different duties and salary level requirements for exempt employees, will apply...more
2/19/2020
/ Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Labor Regulations ,
Minimum Wage ,
Over-Time ,
Rest and Meal Break ,
Salaried Employees ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
Synopsis: The Fourth Circuit Court of Appeals recently ruled that an employer had done nothing wrong when it (i) filled the plaintiff’s position during his leave, (ii) restored the plaintiff to a different, but equivalent,...more
Although the turkey (and leftover turkey sandwiches) are all gone, employers within the Third Circuit have reason to extend the Thanksgiving celebration given a recent decision affirming the dismissal of a collective action...more
As you have no doubt heard, the Department of Labor’s Wage & Hour Division (“WHD”) has proposed revisions to the regulations defining which of your white-collar employees qualify as exempt from the Fair Labor Standards Act’s...more
7/31/2015
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Poor Job Performance ,
Primary Duty Test ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
As most insurance industry employers are probably aware by now, the Department of Labor has proposed revisions to its regulations that seek to further limit the instances in which certain employees may qualify as exempt from...more
7/20/2015
/ Claims Adjusters ,
Classification ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Insurance Industry ,
Minimum Salary ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Salespersons ,
Unpaid Overtime ,
White-Collar Exemptions