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Gig Economy Virtual Marketplace Company Gets FLSA Nod in DOL Opinion Letter

The Department of Labor’s (DOL) Opinion Letter FLSA2019-6 issued April 29, 2019, was welcomed by virtual marketplace companies (VMCs) in particular, as well as traditional businesses that treat freelancers as independent contractors. At a minimum, this letter gives the business community insight on how the DOL regards the VMC business model.

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (April Edition)

We’ll spare you the taxing introduction and jump straight to itemizing developments concerning the minimum wage, tips, and overtime.

DOL’s Overtime Exemption Increase – And Why Time Is of the Essence

The Department of Labor (DOL) made big news last month by proposing new regulations to raise the minimum annual salary for overtime-exempt employees from its current level of $23,660 to $35,308.

eLABORate: How Employers Can Implement Community Service Initiatives While Avoiding FLSA Liability

These days, corporate social responsibility is not just a buzzword for employers—it’s a sincere undertaking. From the proliferation of benefit corporations to Volunteer-Time-Off policies, employers are constantly seeking new ways to engage in charitable work. Employers must tread carefully, though. Employers who encourage their employees to volunteer could face liability under the Fair Labor Standards Act (FLSA). Some volunteer time can be considered hours worked under the FLSA, thus subjecting well-meaning employers to minimum-wage and overtime payments to the “volunteering” employees.

U.S. DOL Releases New Proposed Overtime Rule Setting Minimum Salary for Overtime Exemption at $35,308

On Thursday, March 7, 2019, the Wage and Hour Division of the U.S. Department of Labor (DOL), published a long-awaited Notice of Proposed Rulemaking (NPRM) to revise the “white-collar” overtime exemption regulations and replace the Obama Administration’s controversial proposal. The DOL’s proposed rule increases the minimum salary threshold required for workers to qualify for the Fair Labor Standards Act’s (FLSA) white-collar exemption from $23,660 per year ($455 per week) to $35,308 per year ($679 per week). The previous rule, which was proposed in 2016 under the Obama Administration, would have raised the threshold to $47,476 per year ($913 per week). That proposed increase never came to fruition as it was temporarily enjoined by a Texas federal judge in November 2016 before being permanently blocked in August 2017.

Department of Labor Proposes Updated Interpretation of Joint Employer Standard Under the FLSA

Since 1939, regulations interpreting the Fair Labor Standards Act (FLSA) have recognized that two or more “employers” can be jointly and severally liable for a single employee’s hours worked under the Act. However, the U.S. Department of Labor (DOL) has not meaningfully updated its joint employer regulation in more than 60 years. That soon may change. On April 1, the DOL issued a Notice of Proposed Rulemaking (NPRM) to update its interpretation of the standard for establishing joint-employer liability under the FLSA.

DOL Proposes New Test for FLSA Joint Employment

A four-factor test would be used to determine whether two or more employers are joint employers with respect to an employee under the Fair Labor Standards Act (FLSA) - and therefore jointly liable for any violations of the law's minimum wage and overtime requirements - under new rules proposed by the US Department of Labor (DOL).

No Fooling: DOL Announces Joint-Employer Proposal

On April 1, 2019, the Department of Labor (DOL) announced that it will publish a notice of proposed rulemaking (NPRM) to amend its existing regulations regarding joint employment under the Fair Labor Standards Act (FLSA). This is no April Fools’ Day joke, as a joint employer is jointly and severally liable with the employer for all wages due to the employee under the FLSA. As expected, the NPRM aims to provide stakeholders with clear, bright line rules regarding the circumstances in which an employer may be deemed a joint employer of another company’s employees. This is the first meaningful proposed revisions to the FLSA’s joint-employer regulation since it was originally promulgated in 1958.

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (March Edition)

It was a busy third month of 2019, so we will march right into discussing developments concerning the minimum wage, tips, and overtime.

Department of Labor Proposes Amended Regulations Concerning FLSA’s ‘Regular Rate’

The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) to revise the regulations governing the calculation of the regular rate under the Fair Labor Standards Act (FLSA).