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Rewind, revise and clarify: DOL takes aim at independent contractor regs

This week, the U.S. Department of Labor announced a revised proposed regulation that provides guidance on whether workers are properly classified as independent contractors (who are not covered by the Fair Labor Standards...more

SCOTUS to decide if employee paid a day rate of $963 and making $200,000 a year is entitled to overtime

Those familiar with the oil and gas industry know that workers are often paid a day rate. For some workers, those day rates can be lucrative. One such worker was Michael Hewitt, a tool pusher for Helix Energy Solutions Group....more

Retaliation suit shows requests for unpaid overtime can be a timekeeping trap

Informed employers know they must pay non-exempt employee for all hours actually worked. If an employee works unapproved hours or overtime, the company must still pay for that time; however, they may discipline that worker...more

Tenth Circuit holds FLSA applies to marijuana industry employees

Can a business that is deemed illegal under federal law still be subject to federal wage and hour laws? That’s the question recently answered in a decision handed down in Robert Kenney v. Helix TCS, Inc. by the Tenth Circuit...more

Employers must still use caution when using independent contractors

A new opinion from the Tenth Circuit Court of Appeals, Acosta v. Jani-King of Oklahoma, Inc., is a reminder that there are still significant risks when classifying workers and independent contractors....more

Resolution of wage violations not necessarily assured under PAID pilot program

A new pilot program announced by the U.S. Department of Labor just last week provides employers with renewed hope that the agency is changing its approach from one of strict regulatory enforcement to one that seeks to...more

DOL back at it: FLSA ‘white collar’ exemption salary threshold likely to increase

Last year was a busy year for employers. Many conducted internal audits and went through intense planning to comply with new U.S. Department of Labor overtime regulations that were to take effect December 1, 2016. Those 2016...more

Attack on waivers of class action claims

Some companies ask their employees to sign arbitration agreements requiring them to arbitrate any disputes about their employment, rather than filing a lawsuit against the employer in a state or federal court. A few years...more

Tenth Circuit raises the stakes in (already) costly wage and hour litigation

Wage and hour cases, particularly collective and class actions, are among the most costly employment lawsuits for employers. When an employer arguably is mistaken in how it pays employees overtime, does not pay for hours...more

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