If you are a home health care provider (personal care attendants, community first service and support workers), the Minnesota Department of Labor & Industry (MNDOLI) has created a new webpage for information related to employment practices in your industry. This includes a general video on:
On August 5, the U.S. Department of Labor (DOL) announced it has settled yet another matter whereby a Golden Valley, MN home healthcare business paid only straight time to its employees regardless of how many hours they worked. In this case it was related to skilled nursing, private duty, personal aide and therapy services. In
Great Scott! In another Department of Labor (DOL) reversal of its own rulemaking during the Trump Administration, the Final Rule, Joint Employer Status Under the Fair Labor Standards Act, which had gone into effect (and I wrote about here) March 16, 2020, has been rescinded. Effective September 28, 2021 [UPDATE: October 5,
On July 1, 2021, the U.S. Department of Labor (DOL) issued yet another press release regarding recovery (this time $1.5 million) of back wages for 242 home healthcare workers (this is not a MN employer, but this is a nationwide DOL effort). In this instance, according to the DOL, the employer paid straight-time wages for
Back in 2016, one of the first posts I wrote on this blog concerned whether the Fair Labor Standards Act (FLSA) applied to Native American tribes. My conclusion was that there was currently no clear answer in Minnesota. However, we were recently given a bit more clarity. On June 28, 2021, the federal District Court
Well…I hate to say I called it but…on May 6, 2021, the U.S. Department of Labor (DOL) issued a final rule at 86 FR 24303, withdrawing the Independent Contractor Status rule issued January 7, 2021. As you may recall, that rule was set to change the test as to whether a worker was an
*UPDATE – THE FINAL RULE HAS BEEN WITHDRAWN MAY 6, 2021.
Regardless of whether you call it a teeter totter or seesaw, the DOL continues its ups and downs with its interpretations of important laws. You may recall my January 7, 2021 post reminding all y’all of the U.S. Department of Labor (“DOL”) final rule
I know you’re thinking, what possibly can a turtle hiding in his shell have to do with wage and hour law?! Since the Biden Administration has begun, several Department of Labor (DOL) opinion letters have been withdrawn (get it yet?) by the DOL (and are no longer assessable). In this instance, they may no
In Opinion Letter FLSA2021-7, the second of four opinion letters released today, the U.S. Department of Labor clarified that journalists – no matter whether they work for a major newspaper or small-town community paper – may qualify for the creative professional exemption. In order to qualify, journalists must have a primary duty that requires,
Here’s one I didn’t see coming – the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2021-6 today, along with three others (see my other blog posts), which concluded that staffing firms that recruit, hire, and place employees on temporary assignments with clients may qualify as a “retail or service establishment” for purposes of an