News & Analysis as of

Fair Labor Standards Act (FLSA) Contractors

Parker Poe Adams & Bernstein LLP

What Local Governments Need to Know About Latest Federal Procurement Updates and Steps to Avoid Conflicts of Interest

Before a local government can build a new town hall building or upgrade its water and sewer infrastructure using federal funds, it needs to navigate a complex maze of federal procurement requirements....more

Smith Debnam Narron Drake Saintsing & Myers,...

Department of Labor Tightens the Screws on Contractor Classification

As widely anticipated, on October 11, the Wage and Hour Division of the United States Department of Labor (DOL) issued a proposed rule revising its analysis of what constitutes an employee under the Fair Labor Standards Act...more

Morrison & Foerster LLP - Government...

EO 14055 Proposed Rules Require Successor Contractors To Once Again Offer First Right Of Refusal To Predecessor Workers

On July 15, 2022, the U.S. Department of Labor (DoL) published a 160-page Notice of Proposed Rulemaking (NPRM) to implement Executive Order (EO) 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” seeking...more

Littler

New Criminal Prosecutions Under Pennsylvania Wage Laws Pose a Major Threat to Contractors

Littler on

The federal Fair Labor Standards Act (FLSA) and some state wage laws contain provisions that impose criminal penalties on violators.  These provisions, once rarely used, are taking on new life as government officials have...more

Smith Debnam Narron Drake Saintsing & Myers,...

Department of Labor Proposes Rule Clarifying Parameters of Contractor Relationship

Folks who follow the United States Department of Labor received notification on Monday, September 21, that a significant new rule would soon be announced on Tuesday morning. Secretary Eugene Scalia penned a press release sent...more

Ward and Smith, P.A.

Construction Conference Insights: How to Lower Legal Risk

Ward and Smith, P.A. on

Three Ward and Smith attorneys provided detailed advice on how firms in the construction industry can lower their legal risk in the opening panel at the 2019 Ward and Smith Construction Conference. Attorneys Devon...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Littler

Fourth Circuit Decision Establishes New Six-Factor Test for Determining Joint Employment under the FLSA

Littler on

On January 25, 2017, the U.S. Court of Appeals for the Fourth Circuit established a new six-factor test to determine whether two or more entities are joint employers for purposes of the Fair Labor Standards Act (“FLSA”). ...more

Smith Debnam Narron Drake Saintsing & Myers,...

Tightening the Screws: Fourth Circuit Establishes New Test for Evaluating Joint Employment Claims Under the Fair Labor Standards...

On January 25, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued two opinions which serve to clarify and expand the circumstances under which entities may...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Indiana Employment Law Update: 5 Changes to Laws You Should Know

A number of significant changes to Indiana employment law took effect on July 1, 2015. These changes affected employer’s obligations in areas such as hiring, wages, discrimination, and termination. If employers have not...more

Franczek P.C.

Federal Court Holds That Immigration Law Does Not Preclude FLSA Liquidated Damages Award

Franczek P.C. on

In many ways, federal immigration laws and various labor and employment laws, including the FLSA, may appear fundamentally at odds with each other: prohibiting work by undocumented workers on one hand, but allowing them to...more

Foley & Lardner LLP

You’re NOT Paranoid – the Agencies ARE Ganging Up

Foley & Lardner LLP on

Feeling a bit paranoid these days, especially where government oversight or agency investigations are involved? Your perception of reality is probably being driven less by paranoia and more by the upticks in government...more

Fenwick & West LLP

Fenwick Employment Brief - March 2014

Fenwick & West LLP on

In February, the San Francisco Board of Supervisors passed the Fair Chance Ordinance, which limits when and to what extent employers can inquire into the criminal history of applicants and employees. The ordinance also...more

Smith Anderson

Are Your Employees Properly Classified?

Smith Anderson on

In This Presentation: - Introduction - FLSA “White Collar” Exemptions - Three Tests for Exemption - Salary Level Test - Salary Basis Test - Can the Employer Make Deductions? -...more

Fisher Phillips

Senate Report Urges Compliance-Based Government-Contract Awards

Fisher Phillips on

The U.S. Senate's Committee on Health, Education, Labor, and Pensions has released a report concluding that there are "widespread labor law violations among major government contractors." The publication, entitled "Acting...more

Spilman Thomas & Battle, PLLC

SuperVision Today: 4th Quarter 2013

In This Issue: - Federal Contractors Should be Planning Ahead for the New Section 503 and VEVRAA Rules - Putting the Pieces Together: How the ACA Impacts Health Reimbursement and Flexible Spending Arrangements ...more

Proskauer - Government Contractor Compliance...

Navigating Post-Shutdown Employment Law Issues For Government Contractors

After more than two weeks, the federal government shutdown finally ended late in the evening on October 16, 2013. Although the end of the shutdown is great news for federal employees and government contractors, the last three...more

Morrison & Foerster LLP

Wages for Furloughed Employees

Morrison & Foerster LLP on

As the government shutdown winds on, many government contractors and clients have faced stop work orders from the government. Contractors have in turn furloughed their own idle employees. While this is a reasonable and...more

Proskauer - Government Contractor Compliance...

Practical Employment Law Issues Facing Government Contractors In The Wake Of The Federal Government Shutdown

On October 1, 2013, the federal government shut down for the first time in seventeen years. The last government shutdowns in 1995 and 1996 lasted a total of 28 days. Government contractors are already feeling the bite...more

Lawline.com

Common Employment Law Mistakes for Small, Start-Up and Growing Companies

Lawline.com on

Employment law compliance is among the many challenges businesses face as they start up and grow. In this course, Mr. Martinez reviews the most common mistakes made by start-up, small and emerging companies explaining the...more

Proskauer - Government Contractor Compliance...

Although Funding Bill Offers Agencies More Discretion On Sequestration, Contractors Should Consider Employment Law Implications in...

On March 21, 2013, the House of Representatives approved a spending bill that would provide funding for the federal government through September 30. The Senate had already passed the bill and President Obama is expected to...more

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