Wage and Hour, Code of Federal Regulations (CFR)

DOL Issues Final Rule Reinstating Dual Jobs Regulatory Text

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/18/2024

On December 17, 2024, the U.S. Department of Labor (DOL) issued a final rule amending the 2021 dual jobs rule. The amendment is purely technical and reflects the changes in law that have already occurred pursuant to the Fifth...more

DOL’s New Independent Contractor Rule: A Return to 2020

Proskauer - Law and the Workplace on 10/31/2022

It’s been a bumpy road for the federal rules on independent contractor status under the Fair Labor Standards Act. In the courts, the test has always focused on the “economic reality” of the relationship between a worker...more

Federal Court Denies Class Certification of 7-Eleven Franchisees in Misclassification Suit

Foley & Lardner LLP on 9/17/2020

A recent decision from a federal court in Massachusetts is a significant victory for franchisors who continue to face lawsuits alleging they have misclassified their franchisees as independent contractors rather than...more

DOL Issues Update on Joint Employment under the FLSA

Poyner Spruill LLP on 2/11/2020

For the first time in 60 years, the U.S. Department of Labor updated the Fair Labor Standard Act’s (FLSA) joint employer regulations. (29 C.F.R. §§ 791.1 to 791.3.)...more

DOL Reissues Opinion Letter Eliminating the 80/20 Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/9/2018

On November 8, 2018, the Department of Labor (DOL) gave hospitality employers good news when it retracted its “80/20 rule,” which prevented employers from taking the tip credit when tipped employees spent more than 20 percent...more

What exactly is “de minimis”? How to address off-the-clock work in light of modern technologies

McAfee & Taft on 10/24/2018

Smartphones have changed the employment landscape. Non-exempt employees can communicate via text or email any time of day or night, and may be expected to. My habit in the evenings is to check my work email, even if only to...more