In 2017, then-Department of Labor (DOL) Secretary Alexander Acosta, appointed by former President Donald Trump, announced the Wage and Hour Division (WHD) would be reviving the practice of issuing Opinion Letters, seeking to “provide clarity that helps increase compliance to the benefit of all.”
Articles Discussing The Department Of Labor.
DOL Issues Opinion Letter Regarding Independent Contractor Status of Food Product Manufacturers’ Distributors
The United States Department of Labor’s Wage and Hour Division (WHD) recently issued a letter responding to a food manufacturer’s request for an opinion on whether certain distributors of the manufacturer’s perishable products are employees or independent contractors under the Fair Labor Standards Act (FLSA).
DOL Issues Opinion Letter Addressing Requirements of the “Amusement or Recreational Establishment” Exemption
On January 15, 2021, the Wage and Hour Division (WHD) of the U.S. Department of Labor issued an opinion letter addressing three issues pertaining to utilization of the “amusement or recreational establishment” exemption to the overtime and minimum wage requirements of the Fair Labor Standards Act (FLSA). First, the
DOL Field Assistance Bulletins Clarify Telehealth and Telework Impact on FMLA Obligations
On December 29, 2020, the U.S. Department of Labor (“DOL”) issued two field assistance bulletins (“FABs”) aimed at clarifying obligations under the Family and Medical Leave Act (“FMLA”) in light of the prevalence of telework and telehealth.
The first FAB (No. 2020-07), Electronic posting for purposes of the FLSA, FMLA,
Department of Labor Issues Final Independent Contractor Rule
The Department of Labor’s (DOL) Wage and Hour Division has formally released a Final Rule defining “independent contractors” under the Fair Labor Standards Act (FLSA).
Boston Mayor and Friend to Labor Marty Walsh to Head USDOL
Media reports indicate that President-Elect Joe Biden will tap Boston Mayor Marty Walsh to serve as Secretary of Labor in his administration. Fifty-three year-old Walsh has served as Boston’s Mayor for the past six years. He is the former head […]
Virtual Posters – New DOL Guidance on Federally-Mandated Notices in a Virtual Workplace
Recognizing that remote work is here to stay for many employers, the U.S. Department of Labor (DOL) recently issued guidance on how employers can use virtual means to distribute and maintain the various posters required by federal employment laws.
DOL Confirms it Will Comply With New Court Order on Wage Rates
The U.S. Department of Labor has announced that it plans to comply with a new U.S. district court order ruling that the agency violated the Administrative Procedure Act by failing to engage in the proper rule-making process for a new interim final rule (IFR) that implemented significant and immediate
New DOL Rule Could Limit Some Employers’ Hiring and Retention of Highly Skilled Foreign Employees
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
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 […]
The post DOL’s Joint Employer Test Ruled Illegal appeared
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.
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