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DOL Proposes New Revisions to Overtime Exemption Rules

The U.S. Department of Labor (DOL) recently issued its proposed overtime regulations to replace the Obama administration’s (enjoined) overtime rule....more

Upstate Federal Court Holds Fiscal Intermediary a Joint Employer of Personal Assistants

Until last week, no New York court had ruled on the question whether a fiscal intermediary (FI) participating in New York’s consumer directed personal assistant program (CDPAP) was a joint employer of a consumer’s personal...more

Department of Labor Relaxes Rules for Tipped Employees

The Department of Labor’s Wage and Hour Division (WHD) has announced it will no longer apply the “80/20 rule” to tipped employees, and will no longer require employers to pay the full minimum wage for time spent by a tipped...more

Ninth Circuit Perpetuates Uncertainty in 80/20 Rule for Employers of Tipped Workers

On September 18, 2018, a year after a three-judge panel of the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of Marsh v. J. Alexander’s LLC, 869 F.3d 1108, a larger en banc panel of the court has...more

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