News & Analysis as of

Wage and Hour Employee Definition Regulatory Reform

Polsinelli

DOL Abandons 2024 Independent Contractor Test

Polsinelli on

What You Need to Know - The U.S. Department of Labor has announced it will no longer enforce the 2024 independent contractor rule under the Fair Labor Standards Act (FLSA), reverting to the more employer-friendly 2008...more

Robinson+Cole Manufacturing Law Blog

Thought The Government was Closed? The Manufacturers’ Smorgasbord!

This week’s post is somewhat breathless because so much happened or is about to happen. You may have thought the government has been closed for the past 35 days. But just like great magicians who get you to watch their right...more

Ballard Spahr LLP

Make a U-Turn Now: NLRB Re-Writes Independent Contractor Test

Ballard Spahr LLP on

The National Labor Relations Board (NLRB) overturned yet another Obama-era precedent—the 2014 FedEx Home Delivery decision, which had severely limited the definition of an independent contractor under the National Labor...more

Pillsbury Winthrop Shaw Pittman LLP

DOL Endorses Volunteer Treatment of Certification Exam Graders

DOL Opinion Letter confirms that volunteer status not jeopardized by nonprofit payment of expenses. Department of Labor Opinion Letter endorses non-employee classification of member volunteers at nonprofit, without...more

Akerman LLP - HR Defense

DOL Eases Standards for Unpaid Internships

With summer internships in full swing, it’s high time to revisit the Department of Labor’s recently-revised guidance on unpaid internships. Guidelines issued in January abandoned the Department’s prior test – which required...more

Littler

Trump Administration DOL Issues First Substantive Guidance on Independent Contractors

Littler on

The Wage and Hour Division of the Department of Labor (DOL) issued a Field Assistance Bulletin (FAB) on Friday, July 13, 2018, titled “Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver.”...more

Bradley Arant Boult Cummings LLP

The Department of Labor Wishes You a Happy New Year — and Implements Employer-Friendly Changes Regarding Interns and Volunteers

On January 5, 2018, the Department of Labor announced two employer-friendly changes applicable to interns and volunteers. Specifically, the DOL has adopted an employer-friendly approach to internships and has reinstated a...more

Hogan Lovells

DOL Clarifies Approach to Unpaid Internships

Hogan Lovells on

Earlier this month, US employers received important news just as the season of hiring summer interns is set to begin. The Department of Labor (“DOL”), through Fact Sheet #71, clarified its position regarding unpaid...more

Littler

DOL Updates Guidance on Unpaid Interns, Embracing Circuit Courts' Approach

Littler on

The U.S. Department of Labor recently announced a significant change in its interpretation of the Fair Labor Standards Act (FLSA) with respect to interns. The FLSA, of course, regulates an employer’s duty to pay minimum wage...more

Pierce Atwood LLP

Are Your Unpaid Interns Actually Interns? Six-Factor Test Is Out, and Primary Beneficiary Test Is In

Pierce Atwood LLP on

The U.S. Department of Labor (DOL) recently announced that it will adopt a new, more flexible test for distinguishing interns from employees under the Fair Labor Standards Act (FLSA)....more

Troutman Pepper Locke

U.S. Department Of Labor Endorses More Flexible Unpaid Intern Test

Troutman Pepper Locke on

Q. Our company wants to establish an internship program and host student interns to work alongside our employees. Do we need to pay the interns? A. Possibly. Over the past few years, courts and the Department of Labor...more

McNees Wallace & Nurick LLC

U.S. Department of Labor Clarifies When Interns are Subject to the Fair Labor Standards Act

In a recent change of position, the Department of Labor (“DOL”) has endorsed a new standard for determining when an unpaid intern is entitled to compensation as an employee under the Fair Labor Standards Act (“FLSA”). We...more

Seyfarth Shaw LLP

DOL Bids Adieu to Six-Factor Internship Test

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit....more

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