Employee Misclassification

On September 22, 2020, the U.S. Department of Labor (DOL) announced a proposed rule simplifying the test to determine whether a worker is considered an “employee” under the Fair Labor Standards Act (FLSA) or an “independent contractor”. In short, the proposed rule uses the “economic reality” test as the basis for whether a worker is

So this is exciting! No, really, it is! As you know, under the Fair Labor Standards Act (FLSA), the employee of one company can be found to be a “joint employee” of another, making both jointly and severally liable for that employee’s wages (and thus, overtime). Historically, whether two companies were “joint employers” was been

On April 1, 2019, the DOL issued a Notice of Proposed Rulemaking (NPRM), relating to whether two or more entities are “joint employers” for purposes of the Fair Labor Standards Act (FLSA).  This arrangement becomes significant when determining overtime for an individual who does not work overtime at either employer, but combined, does (and thus,

On November 8, 2018, the DOL issued Opinion Letter FLSA2018-24, addressing the question of when additional payments to an exempt employee based on an hourly, daily or shift basis defeats the professional exemption. In short, an exempt employee may have a “guaranteed salary”, but then also receive additional compensation on an hourly, daily, or

The U.S. Department of Labor (DOL) was extremely busy with its announcements on August 28, 2018. Along with issuing 6 opinion letters, a directive, and launching a new web page (all of which I previously wrote about), it also announced the creation of not one, but two new websites, as well as the new Office

On July 13, 2018, the Department of Labor Wage and Hour Division (WHD) released Field Assistance Bulletin No. 2018-4 providing guidance on when caregiver registries are an “employer” of caregivers under the Fair Labor Standards Act (FLSA). Rather than providing in home care services directly, registries provide individuals, such as seniors and those with disabilities,

In another of the six opinion letters issued by the U.S. Department of Labor on August 28, 2018, the DOL clarified in FLSA2018-21, that an employer that sells technology to merchants that allow them to accept credit card payments from mobile devices is indeed, a “retail or service establishment,” for purposes of the Fair

The Department of Labor Wage and Hour Division (WHD) recently released a new fact sheet providing guidance on the “white collar” exemptions under the Fair Labor Standards Act (FLSA) for positions common in Higher Education Institutions. These positions include teachers, coaches, professional employees, administrative employees, graduate teaching assistants, research assistants, and student residential assistants. As