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Fisher Phillips

Headed to Overtime? 3 Tips to Tackle the Higher Salary Threshold for College Coaches and Athletics Staff

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Colleges and universities are feeling the heat after recent increases to the salary threshold for employees to be exempt from overtime pay under federal wage and hour law. The new rules may have significant implications for...more

Fisher Phillips

Nursing Facilities Ordered to Pay $36M in Overtime Suit: 9 Wage and Hour Tips for Healthcare Employers

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A group of nursing facilities in Pennsylvania was recently ordered to pay a whopping $36 million in overtime pay and damages to workers who claimed their employers deliberately paid them less than they actually earned. After...more

Spilman Thomas & Battle, PLLC

Everything Old is New Again: The Department of Labor Returns to the Past with Independent Contractors

It has been said that if you wait long enough, everything comes back into fashion. This saying is true even for the U.S. Department of Labor (DOL), where on March 11, 2024, the DOL reverted back to the multifactor,...more

ArentFox Schiff

Top 10 Legal Challenges for Employers

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With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Robinson Bradshaw

How the DOL’s Independent Contractor Rule Tug-of-War Could Affect Your Company

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Independent contractors are not entitled to minimum-wage and overtime-pay protections that the Fair Labor Standards Act (FLSA) affords to employees. Therefore, classifying workers as employees or independent contractors can...more

Nelson Mullins Riley & Scarborough LLP

Department of Labor Issues New Rule Regarding Classification of Independent Contractors

Recently, the U.S. Department of Labor (DOL) issued a new rule redefining how workers are classified under the Fair Labor Standards Act (FLSA). The final rule, which will make it more challenging to classify workers as...more

Troutman Pepper

DOL Publishes Final Independent Contractor Rule

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On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of...more

Amundsen Davis LLC

Employee or Independent Contractor? U.S. Department of Labor Changes the Standard

Amundsen Davis LLC on

On January 10, 2024, the U.S. Department of Labor (DOL) published its Final Rule on the standard for determining who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The Final Rule is set to...more

CDF Labor Law LLP

Department of Labor’s Controversial Rule to Determine Independent Contractor Status

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On January 10, 2024, the U.S. Department of Labor (“Department”) changed the test as to whether a worker is an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). This final rule rescinds the...more

Hinckley Allen

It’s Final: DOL Releases Long-Anticipated Independent Contractor Rule

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This week, the Department of Labor (“DOL”) released a final rule that changes the criteria for classifying independent contractors under federal law. We first wrote about the rule change back in October 2022 when the rule was...more

Franczek P.C.

US DOL Issues Final Rule on Independent Contractors

Franczek P.C. on

On January 9, 2024, the U.S. Department of Labor announced a new final rule revising the test for whether workers are considered to be employees versus independent contractors for purposes of the Fair Labor Standards Act. The...more

Burr & Forman

New Independent Contractor Rule: Final Regulations on Department of Labor’s Independent Contractor Assessment

Burr & Forman on

After issuing proposed rules and seeking public comment in October 2022, the Department of Labor (DOL) announced the finalized regulations for its new Independent Contractor Rule (the New Rule), which takes effect on March...more

Polsinelli

The Department of Labor Releases the New Independent Contractor Test

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On January 9, 2024, the U.S. Department of Labor released the final details of their Independent Contractor test. This test addressing when companies can classify workers as independent contractors has been hotly debated...more

Carr Maloney P.C.

Changes to the IRS/DOL Definition of "Independent Contractor"

Carr Maloney P.C. on

Effective on March 11, 2024, the definition of independent contractor will change for purposes of entitlement to overtime and payment of employment taxes....more

Fox Rothschild LLP

A New USDOL Wage and Hour Division Administrator Will Continue The Pro-Employee Agenda of The Biden Administration

Fox Rothschild LLP on

The office of Wage-Hour Administrator, a vital office in the functioning and direction of the USDOL, has now at long last, been filled. On October 25, 2023, Jessica Looman was confirmed to this post, by a small margin of the...more

Fox Rothschild LLP

What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unawares!

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As is common knowledge, and as I wrote last week, the USDOL has proposed to raise the minimum salary required for exempt status for the Part 541 white collar exemptions to more than $1000 per week. Although that will...more

Pillsbury Winthrop Shaw Pittman LLP

Practical Implications of the DOL’s Proposed Increase to the Minimum Salary Level for Exempt Employees

The Department of Labor has proposed raising the minimum salary threshold for “white-collar” exemptions under the FLSA to $55,068 annually. The proposed rule would also raise the threshold for “highly compensated...more

Kohrman Jackson & Krantz LLP

DOL Works to Limit the Number of Overtime Exempt Workers with Proposed New Rule

FAIR LABOR STANDARDS ACT (FLSA) OVERVIEW - The Fair Labor Standards Act (FLSA) requires that all covered employers pay their employees compensation for hours worked over forty per week at one and a half times their regular...more

Fox Rothschild LLP

The Long-Term Health Care Industry Faces New, Intense USDOL Scrutiny: Make Sure You Are FLSA Compliant!

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I have defended dozens of nursing homes, home health services, residential care centers and other health care providers in audits of their wage practices by the US. Department of Labor (“DOL”) and state DOLs. I have come to...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: NEW BONUS SESSION: Expert Testimony in Wage and Hour Litigation - March 2nd,...

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Federal and state wage and hour litigation has been an area of concentration for Industrial/Organizational Psychologists for decades. These cases address alleged discrimination in wage-based employment practices such as...more

Fox Rothschild LLP

Exemption Determinations Rely On Actual Duties Performed—What Is The Primary Duty

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In exemption cases (or lawsuits), a title means nothing. You can call a janitor a Maintenance Engineer but if his primary duties are sweeping up, he will still be deemed non-exempt. Actual duties control the determination....more

Fisher Phillips

6 Wage and Hour Compliance Tips for Healthcare Employers

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No employer wants to be embroiled in litigation alleging wage and hour violations or find themselves the subject of an investigation by the U.S. Department of Labor (DOL) over pay practices. But employers in the healthcare...more

Fox Rothschild LLP

The FLSA Salary Test Is Coming Around Again For Revision: Employers, Watch Out

Fox Rothschild LLP on

The US Department of Labor (DOL) may seek again, in 2023, to raise the salary threshold for a person to fit within a Part 541 white-collar exemption. The agency was going to announce its plans in April but it has been...more

Locke Lord LLP

Is It Becoming Easy To Certify Collective Action Lawsuits Alleging Independent Contractor Misclassification? October 2022 IC Legal...

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Among the legal developments we report on below from October is a decision by a federal district court in California certifying a lawsuit for independent contractor misclassification as a collective action under the federal...more

Fisher Phillips

The Top 17 Workplace Law Stories from May 2022

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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

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