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Independent Contractors Fair Labor Standards Act (FLSA) Tipped Employees

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Littler

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Jackson Lewis P.C.

2022 Wage and Hour Developments: A Year in Review

Jackson Lewis P.C. on

In 2022, federal and state laws regulating wages and hours of work continued to change and develop. In “2022 Wage and Hour Developments: A Year in Review,” we look back on significant wage and hour developments at the federal...more

Constangy, Brooks, Smith & Prophete, LLP

Looking back at 2021 and ahead to 2022

Host Leigh Tyson interviews Jon Yarbrough about what happened in 2021 in labor and employment law (spoiler alert: a lot!) and what we can expect in 2022....more

Jackson Lewis P.C.

2021 Wage & Hour Developments: A Year in Review

Jackson Lewis P.C. on

In 2021, wage and hour laws continued to change and develop, expanding in some areas and contracting in others. In “2021 Wage & Hour Developments: A Year in Review,” we look back on significant wage and hour developments at...more

Hinshaw & Culbertson - Employment Law...

Florida Boosts Minimum Wage Rate, Mandates Reporting Requirements for Businesses Using Independent Contractors

On September 30, 2021, Florida’s hourly minimum wage rate increased from $8.56 to $10.00. For the next five years, the hourly minimum wage in Florida will increase by $1.00 each year until it reaches $15.00 per hour in 2026....more

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

100 Days of the Biden Administration, Part II: Key Labor and Employment Policy Developments

In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...more

Husch Blackwell LLP

The Biden Administration: Expected Changes At The Department Of Labor - UPDATED May 2021

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On March 22, 2021, former two-term Boston Mayor Marty Walsh was confirmed as U.S. Secretary of Labor in a 68-29 Senate vote. The U.S. Chamber of Commerce (Chamber) supported Walsh’s nomination as Secretary of Labor due in...more

Husch Blackwell LLP

The Biden Administration: Expected Changes At The Department Of Labor

Husch Blackwell LLP on

On March 22, 2021, former two-term Boston Mayor Marty Walsh was confirmed as U.S. Secretary of Labor in a 68-29 Senate vote. The U.S. Chamber of Commerce (Chamber) supported Walsh’s nomination as Secretary of Labor due in...more

Jackson Lewis P.C.

DOL Delays Tip Regulations Final Rule, Independent Contractor Final Rule Likely Next

Jackson Lewis P.C. on

As expected, the U.S. Department of Labor (DOL) has formally delayed the effective date of the Tip Regulations Final Rule, from March 1, 2021 to April 30, 2021. The Tip Regulations Final Rule, issued in late December 2020,...more

Ervin Cohen & Jessup LLP

Department of Labor Proposes Delay on Tip Regulations and Independent Contractor Rule

On February 5, 2021, the Department of Labor (DOL) published two notices of proposed ruling to delay the effective date of two rules finalized by the DOL under the Trump Administration regarding tips and independent...more

Jackson Lewis P.C.

DOL Seeks To Delay Tip Regulations, Independent Contractor Final Rules

Jackson Lewis P.C. on

One day after President Biden entered office, the White House issued a memorandum directing all agencies to review, and consider delaying, any rules that had been issued by the former administration but that were not yet...more

Holland & Knight LLP

DOL Seeks Delay of Effective Date for Trump-Era Tip Regulations

Holland & Knight LLP on

In December 2020, the U.S. Department of Labor (DOL) announced a final rule (the Rule) which, according to the DOL, is intended to implement changes made by the Consolidated Appropriations Act of 2018 to Section 3(m) of the...more

Fisher Phillips

Web Exclusive: January 2020: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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

Beltway Buzz - September 2019 #4

Meet the New Boss. The U.S. Senate confirmed Eugene Scalia as the new secretary of labor on September 26, 2019. Scalia, who served as solicitor of labor in the George W. Bush administration, is expected to continue apace with...more

Jackson Lewis P.C.

Wage And Hour Developments 2018: A Year In Review

Jackson Lewis P.C. on

The law regulating the payment of wages and work hours is a vibrant area: the “fight for $15.00”; battles over who can receive tips (and whether the tip credit should be eliminated entirely); whether workers should be given...more

Seyfarth Shaw LLP

All I Want For Christmas Is A Fair Reading of Exemptions:  2018 Year In Review

Seyfarth Shaw LLP on

It’s the week before Christmas, and in our practice group meeting, We look back and consider the year that’s completing. The wage-hour nuggets that earn all our favor, Wond’ring “Is this the last time I’ll be rhyming ‘class...more

Epstein Becker & Green

A Look Back on Wage and Hour Developments in 2018: Blockbuster Cases, FLSA Amendments, and More

Epstein Becker & Green on

Arguably, the very first workplace regulation, dating back thousands of years, was one involving wage and hour issues—the mandatory day of rest. While much has changed over the great many years since then, the centrality of...more

Holland & Knight LLP

Employers Must Comply with DOL's Updated Posting Requirements

Holland & Knight LLP on

The Department of Labor (DOL) issued on July 27, 2016, regulations that require covered employers to update their Fair Labor Standards Act (FLSA) Minimum Wage posters and their federal Employee Polygraph Protection Act (EPPA)...more

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