On April 24, 2024, the US Department of Labor (DOL) announced the highly anticipated revisions to the salary thresholds for the Fair Labor Standards Act’s (FLSA’s) “white collar” overtime exemptions. The update significantly...more
The US Department of Labor (DOL) published on January 10, 2024 its long-awaited Final Rule regarding independent contractor classification under the Fair Labor Standards Act (FLSA), signaling a return to its pre-2021...more
The US Department of Labor seeks to increase the salary levels needed to qualify as exempt under the Fair Labor Standards Act’s white-collar and highly compensated exemptions....more
The District of Columbia’s Tipped Wage Workers Fairness Amendment Act imposes several obligations on employers with tipped employees, including significant training and reporting requirements. The deadline for employees,...more
The US Congress passed the Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) on December 23, 2022, as part of the omnibus spending bill for FY2023. President...more
The US Court of Appeals for the Ninth Circuit (which covers California, Nevada, Arizona, Alaska, Hawaii, Idaho, Montana, Oregon, and Washington) held on October 24 in a unanimous published opinion that because call center...more
The US Department of Labor published a Proposed Rule on October 13 seeking to return to applying a test that would make it more difficult for certain workers to qualify as independent contractors....more
Pennsylvania employers with salaried, nonexempt employees working in the commonwealth may need to adjust how they calculate overtime premiums for these employees in light of amendments to the Pennsylvania Minimum Wage Act...more
The Virginia Overtime Wage Act imposes a state law obligation to pay overtime and expands upon the federal Fair Labor Standards Act in several important areas. Virginia Governor Ralph Northam recently signed into law the...more
The US Department of Labor has announced proposals to eliminate two of the previous administration’s signature rules, the joint employer rule and the independent contractor rule. First, the US Department of Labor (DOL) has...more
The Final Rule retains the “economic realities” test while focusing on two “core factors” in analyzing whether an individual is an employee or an independent contractor but given the upcoming change in administration,...more
1/7/2021
/ ABC Test ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Wage and Hour
The US Department of Labor (DOL) has issued a final rule updating its guidance under the Fair Labor Standards Act (FLSA) of what payments and benefits can be excluded when calculating the regular rate of pay on which employee...more
The US Department of Labor will now apply a “primary beneficiary” test, which was previously adopted by several courts and provides greater flexibility in structuring internship programs....more
The executive order poses another significant financial and administrative burden for federal contractors.
Continuing his practice of using executive orders to implement his labor and employment agenda, on September 7,...more
9/15/2015
/ Accrual Requirements ,
Barack Obama ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Documentation ,
Employee Rights ,
Employer Liability Issues ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Medical Certification Requests ,
Paid Leave ,
Service Contract Act ,
Sick Leave ,
Subcontractors ,
Wage and Hour