Businesses that rely on freelancers or the “gig economy” have cause for optimism now that the Department of Labor just announced it will no longer enforce a Biden-era final rule that made it harder to classify workers as...more
5/6/2025
/ Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Enforcement Guidance ,
Fair Labor Standards Act (FLSA) ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Wage & Hour Division (WHD)
The Supreme Court just handed businesses a win when it weighed in on how much evidence an employer needs to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay. As we correctly...more
1/16/2025
/ Clear and Convincing Evidence ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Preponderance of the Evidence ,
SCOTUS ,
Standard of Proof ,
Wage and Hour ,
White-Collar Exemptions
What evidence does an employer need to show a court to prove it correctly classified employees as exempt from minimum wage and overtime pay? The Supreme Court recently heard oral arguments in a case raising this question and...more
11/22/2024
/ Clear and Convincing Evidence ,
Employer Liability Issues ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Misclassification ,
Non-Exempt Employees ,
Oral Argument ,
Over-Time ,
Preponderance of the Evidence ,
Standard of Proof ,
Wage and Hour
Any business that retains independent contractors as part of their workforce may have a harder time maintaining their business model under a proposed rule that the U.S. Department of Labor (DOL) just released yesterday. The...more
10/12/2022
/ Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
Economic Realities Test ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Proposed Rules ,
Public Comment ,
Totality of Circumstances Test
For years now, healthcare employers have been particularly attractive targets when it comes to wage and hour compliance actions. Not only is the industry one of the largest in the country, there are some issues unique to...more
4/15/2022
/ Back Wages ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
Healthcare Workers ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
On-Call Employees ,
Over-Time ,
Rate of Pay ,
Rest and Meal Break ,
Traveling Employee ,
Unpaid Wages ,
Wage & Hour Division (WHD) ,
Wage and Hour
When President Biden signed the Infrastructure Investment and Jobs Act into law this past November, he not only committed a historic amount of funding for the nation’s infrastructure, he kickstarted a process that will...more
3/17/2022
/ Covered Employer ,
Davis-Bacon Act ,
Employee Benefits ,
Employer Liability Issues ,
Federal Contractors ,
Fringe Benefits ,
Infrastructure Investment and Jobs Act (IIJA) ,
Liquidated Damages ,
Misclassification ,
Over-Time ,
Prevailing Wages ,
Prime Contractor ,
Recordkeeping Requirements ,
Subcontractors ,
Wage and Hour