#WorkforceWednesday: New DOL Rules, U.S. Government Changes Race and Ethnicity Categorization - Employment Law This Week®
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Control of a Set-aside Entity
The U.S. Department of Labor’s (DOL) Wage and Hour Division updated its regulation concerning Employee or Independent Contractor Classification Under the Fair Labor Standard Act, with changes effective March 11, 2024. The...more
Businesses across Mississippi and the nation should plan to comply with a new rule from the Department of Labor (DOL), set to take effect on March 11, 2024, revising the way in which employers analyze who is an employee and...more
Earlier this month, the U.S. Department of Labor (DOL) published a final rule on how employers should properly determine whether a worker is to be classified as an employee or an independent contractor under the Fair Labor...more
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
On January 9, 2024, the United States Department of Labor (“DOL”) released a final rule (the “Final Rule”) setting forth new standards for determining whether an individual may be classified as an independent contractor under...more
The United States Department of Labor (“DOL”) recently released a final rule that addresses the classification of workers as independent contractors under federal labor law. The rule goes into effect on March 11, 2024....more
On January 10, the U.S. Department of Labor (DOL) issued its final rule on the definition of “independent contractors” under the Fair Labor Standards Act (FLSA). This rule rescinds the 2021 rule and claims to be more...more
The U.S. Department of Labor (DOL) has announced a final rule regarding the classification of workers as employees versus independent contractors under the Fair Labor Standards Act (FLSA). The final rule, which is effective...more
The US Department of Labor Wage and Hour Division has finalized a new rule to determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act. This rule will go into effect on March...more
Two recent developments out of Annapolis pose new challenges for Maryland employers confronted with claims of harassment. Effective October 1, 2022, Maryland’s employee-friendly Senate Bill (S.B.) 450 and S.B. 451 lowered the...more
On October 11, 2022, the U.S. Department of Labor (the DOL) announced a proposed rule to reestablish the pre-2021 analytic framework for assessing the classification of workers under the Fair Labor Standards Act...more
Over the past decade, a growing number of federal appellate circuits have heard cases asking whether a single use of a racially offensive epithet is enough to clear the bar for a hostile environment racial harassment claim...more
Is an employer liable for the misconduct of its employees at “after hours” gatherings? When a trial court adopted a narrow view of what constituted “the workplace,” an appeals court weighed in using a “totality of the...more
In another long-anticipated decision, on July 21, 2020, in General Motors LLC, 369 NLRB No. 127 (2020), the Board replaced three context-specific rules for determining whether certain abusive conduct committed by employees is...more
This newsletter reviews five notable court holdings over the last semester. Moral harassment: the employer's investigation is valid even if all victims have not been interviewed (Cass, Soc., 8 January 2020, n°18-20.151) ...more
The legal basis of interference is in Section 105(c)(1) of the Federal Mine Safety and Health Act (“Mine Act”) - “No person shall discharge or in any manner discriminate against . . . or otherwise interfere with the exercise...more
Claim by Directional Drillers for Overtime Pay. The boom for domestic energy producers, particularly in the Permian Basin, has been accompanied by the companion challenge of how to compensate transient oilfield professionals...more
How the NLRB treats employer statements made to employees in the context of union organizing or other protected activity has been a frequent topic of discussion. While the actual case law analyzing the coerciveness of an...more
School Teacher’s ADA Claim Against Catholic School Was Not Barred By “Ministerial Exception” Biel v. St. James School, 2018 WL 6597221 (9th Cir. 2018) - Kristen Biel was fired from her fifth grade teaching position at...more
This month’s key California employment law cases are from the California Supreme Court and from the California Court of Appeal. Troester v. Starbucks Corp., 235 Cal. Rptr. 3d 820 (2018) - Summary: Employer that requires...more
The end of September in most years sees a spate of new NLRB decisions, sometimes dozens, issued on or about September 30, to coincide with the end of the agency’s fiscal year. Not so this past September 30 because of the...more
Since 2009, many large retailers in California have been sued for failing to provide “suitable seating” in accordance with the state’s wage orders. Some of those employers have recently been forced to pay significant...more
This is a big deal The 2nd Circuit Court of Appeals came down in favor of a sharing economy business in a misclassification case yesterday, ruling that a group of black-car drivers were independent contractors and not...more
An important new Supreme Judicial Court decision has paved the way for Massachusetts employees pursuing certain discrimination claims to engage in what the court has dubbed “self-help discovery.” This new variant of...more
Employees are entitled to sit at work when the nature of the work reasonably permits the use of seats. On April 4, 2016, the California Supreme Court, in an opinion authored by Justice Carol A. Corrigan, clarified...more