After months of speculation, the Department of Labor’s (DOL’s) “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” rule was finally released to the public. It will be published in the Federal Register on October 8, 2020 and will go into effect immediately
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DOL Publishes Proposed Rule on Independent Contractor Status
On September 22, 2020, the US Department of Labor (DOL) issued a proposed rule offering employers guidance on whether workers should be classified as employees or independent contractors under the Fair Labor Standards Act (FLSA). The proposed rule was published in the Federal Register on September 25, 2020. There is a 30-day comment period during which the public may provide comments or ask questions about the proposed rule. This process may lead to changes in the proposed rule. Further, there may be attempts to stop or stall implementation of this proposed rule until after the November elections.
U.S. Department of Labor Proposes New Rule to Streamline Independent Contractor Analysis
The U.S. Department of Labor (DOL) has issued a new proposed regulation setting forth the proper standard for determining a worker’s status as an “independent contractor” under the Fair Labor Standards Act (FLSA).
U.S. Department of Labor Proposes New Test for Independent Contactor Status
On Sept. 22, 2020, the U.S. Department of Labor (DOL) proposed a new test to determine whether workers are independent contractors or employees under federal law. According to DOL, the purpose of the change is to make it easier to identify which workers are employees covered by the minimum wage, overtime, and other provisions of the Fair Labor Standards Act (FLSA). The department described the new test as “streamlining and clarifying” the determination of independent contractor versus employee, and said it expects the change will give workers and businesses more certainty about their legal obligations and reduce litigation and associated costs.
New York Federal Court Strikes Down Primary Element of DOL’s New ‘Joint Employer’ Rule
A federal district court in New York has struck down a significant portion of the recently promulgated Final Rule issued by the U.S. Department of Labor (DOL) regarding the standard for establishing joint-employer liability under the Fair Labor Standards Act (FLSA). State of New York v. Scalia, 2020 U.S. Dist. LEXIS 163498 (S.D.N.Y. Sept. 8, 2020).
DOL’s Joint Employer Test Ruled Illegal
Originally posted on our Wage and Hour Insights blog. On September 8, 2020, the United States District Court for the Southern District of New York struck down portions of a January 2020 Final Rule issued by the Department of Labor. The Final Rule provided […]
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DOL’s Pass Intercepted: Court Strikes Down Narrow Definition of Joint Employer
A federal court judge in New York has invalidated the Department of Labor (DOL)’s Final Rule that narrowly interpreted joint employer.
Department of Labor Finds IRS Standard Mileage Reimbursement Rates Not Required For Delivery Drivers
On August 31, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter finding that employers of delivery drivers need not reimburse mileage at the IRS “standard” reimbursement rate.
DOL Issues New FMLA Forms
On July 17, 2020, the US Department of Labor (DOL) released new forms for use under the Family and Medical Leave Act (FMLA). With a new two-step process, the DOL opines that the process will be easier and will ensure the capture of all necessary information. Electronic signatures are also part of the process to help reduce human contact.
The Ogletree OFCCP Bulletin: July 2020
Here are the latest developments from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).
DOL Issues Additional Clarification on FMLA, FFCRA, FLSA in COVID-19 Context
The U.S. Department of Labor (“DOL”) recently issued additional clarification on its FAQs and guidance regarding the FMLA and the FFCRA in the context of the COVID-19 pandemic. Some highlights include:
Telemedicine Visits Are “In-Person” Visits with a Healthcare Provider under the FMLA
Telemedicine visits (those medical appointments that are
Department of Labor Releases Guidance for 401(k) Plan Investments in Private Equity
Last month the US Department of Labor (Department) issued an Information Letter stating that it is possible for individual account plans subject to the Employee Retirement Income Security Act of 1974 (ERISA) to offer limited private equity investments in a manner that complies with ERISA, provided certain suitability issues are considered by plan fiduciaries. The Information Letter confirms that a plan fiduciary would not violate ERISA fiduciary duties “solely because the fiduciary offers a professionally managed asset allocation fund with a private equity component.” Similarly, the Information Letter confirms that fiduciaries may offer private equity as a small component of an ERISA plan’s diversified investment option, like a target date fund, a target risk fund, or a balanced fund.
DOL Guidance on ESG Investing by Retirement Plans: Investment Committees Should Handle with Care
The United States Department of Labor (the “DOL”) recently issued a proposed rule on the fiduciary requirements under the federal pension law, ERISA, that apply to the selection and monitoring of environmental, social, and corporate governance (“ESG”) investments in retirement plans. Under the proposed rule, which would be effective 60
DOL Publishes Updated FMLA Forms and Seeks Public Comment on Management of FMLA
On July 16, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) published new efforts to improve management of leave under the Family and Medical Leave Act of 1993 (FMLA).
DOL Issues Return-to-Work Guidance Under the Families First Coronavirus Response Act
On July 20, 2020, the U.S. Department of Labor issued additional guidance on return-to-work issues under the Families First Coronavirus Response Act (FFCRA). Enacted at the end of March, the FFCRA provides emergency paid sick leave, and paid family leave under the Family and Medical Leave Act (FMLA) for
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