On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
On May 6, 2021, in a much-anticipated move, the Biden Administration announced a final rule withdrawing the employer-friendly independent contractor test published in the last few weeks of Donald Trump’s presidency. The...more
The U.S. Department of Labor (DOL) officially withdrew a Trump-era rule that had been announced to clarify independent contractor status under the Fair Labor Standards Act (FLSA). The repeal took effect on May 6, 2021. The...more
President Joe Biden’s campaign advocated for workers’ rights and sought to prevent the misclassification of employees as independent contractors. In accordance with his platform, on May 5, 2021, the Biden Administration...more
Minimum Wage Increase Booted From Stimulus Package. Even before members of the U.S. House of Representatives could vote on their $1.9 trillion stimulus package, the parliamentarian of the U.S. Senate had ruled that the...more
On February 19, 2021, the Department of Labor’s Wage and Hour Division withdrew its opinion letter that indicated gig economy workers who offer services in a virtual marketplace are independent contractors. The Wage and Hour...more
Status Check on Congress. We are more than one week into the Biden administration and the president has made progress filling out his cabinet. Antony Blinken (U.S. secretary of state), Janet Yellen (U.S. secretary of the...more
In what has become an annual tradition, New York state employers should once again take note of mandatory wage and salary increases that will take effect at year’s end. In addition, employers should be aware of the increased...more
Since 1966, Section 3(m) of the Fair Labor Standards Act permits an employer to take a tip credit toward its minimum wage obligation for tipped employees equal to the difference between the required cash wage (currently...more
As is par for the course with the start of a new presidential administration, many changes to employment laws are anticipated, with several already underway. The most recent of which is the test used to determine whether...more
Readers will recall our prior posts regarding the U.S. Department of Labor's regulatory position adopted in 2011 saying that an employer may not retain any of an employee's tips even if it...more
The U.S. Department of Labor plans to propose a full rescission of the controversial tip-pooling restrictions impacting employers who pay tipped employees the full minimum wage directly sometime in August, according to a...more
Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more