On January 9, the U.S. Department of Labor released its final rule on classifying workers as employees or independent contractors under the Fair Labor Standards Act. ...more
As previously reported in EmployNews, the American Rescue Plan Act provides “assistance eligible individuals” with the option to receive fully-subsidized COBRA coverage from April 1, 2021 through September 30, 2021....more
4/16/2021
/ American Rescue Plan Act of 2021 ,
COBRA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Health Insurance ,
IRS ,
Model Forms ,
New Guidance ,
Notice Requirements ,
Premium Subsidies ,
Premiums ,
Relief Measures ,
Tax Credits
During the final year of the Trump administration, the Department of Labor proposed two new regulations interpreting the Fair Labor Standards Act. First, effective March 16, 2020, DOL adopted a new test to determine when...more
The Pandemic Unemployment Assistance Program was a key component of last year’s Coronavirus Aid, Relief, and Economic Security (CARES) Act and was subsequently extended through March 14 of this year. Under the program,...more
On January 7, the U.S. Department of Labor published a new final rule adopting a five-factor test for determining whether a worker qualifies as an independent contractor under the Fair Labor Standards Act. The rule is set to...more
On September 11, the U.S. Department of Labor issued a new temporary rule for the Families First Coronavirus Response Act (FFCRA). As we explained previously in EmployNews, a New York federal district court in August struck...more
The Families First Coronavirus Response Act (FFCRA) was passed by Congress on March 18 and generally provides new paid leave rights to employees working for public entities or companies with fewer than 500 employees. On April...more
The Families First Coronavirus Response Act (FFCRA) generally requires employers of fewer than 500 employees to provide certain new paid leave benefits to their employees. However, the FFCRA also provides that “[a]n employer...more
On Tuesday, the U.S. Department of Labor released a fact sheet that answers some but not all questions employers have with regard to requirements under the new Families First Coronavirus Response Act. The fact sheet states...more
Last week’s EmployNews discussed the National Labor Relations Board’s issuance of final regulations on joint employer status. These regulations followed a similar rulemaking by the Department of Labor that we covered in...more
The U.S. Department of Labor is still working to finalize the withdrawal of the 80/20 rule, which had forced employers to pay the full minimum wage to employees who spend more than 20 percent of their time on non-tipped work....more
2/10/2020
/ Class Action ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Franchises ,
Hospitality Industry ,
Minimum Wage ,
Motion to Dismiss ,
NPRM ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
The U.S. Department of Labor’s new joint employment regulations appear to provide franchisors and some other contractual business arrangements with protections against wage claims from workers not employed by them. However,...more
1/21/2020
/ Appeals ,
Comment Period ,
Department of Labor (DOL) ,
Employment Litigation ,
Final Rules ,
Franchisors ,
Joint Employers ,
Multi-Factor Test ,
New Guidance ,
Risk Management ,
Rulemaking Process ,
Safe Harbors ,
Staffing Agencies