On January 9, 2024, the U.S. Department of Labor (DOL) announced its much-anticipated final rule, revising the DOL’s guidance (this is my nice way of saying “administrative flip flopping”) on how to determine if a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The final rule
Fair Labor Standards Act
DOL and EEOC Agree to Share Information – “Coordinated Investigations and Enforcement” Are Coming
The U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Labor’s Wage and Hour Division (WHD) signed an agreement on September 13, 2023 to immediately start collaborating between the two agencies to share information, coordinate investigations and enforcement, cross-train personnel, and conduct joint outreach and public education efforts.
DOL Proposes Increased Salary Threshold for Exempt Status and 3-Year Automatic Increases Thereafter
Here we go again! On August 30, 2023, the U.S. Department of Labor (DOL) announced a proposed rule to raise the minimum salary threshold requirement for employees to be exempt from minimum wage and overtime provisions under the Fair Labor Standards Act (FLSA). You may recall my 2016 blog post when the DOL issued…
Employers Rounding Time Should Be Cautious Following 8th Circuit Opinion
Rounding of time is nothing new. For payroll simplicity, employers have rounded time up and down for decades, beginning when we actually put a timesheet into a punch clock to “punch the time” (yes, I did!). To that extent, the US Department of Labor (DOL) has long permitted employers to round the times employees “clock…
Minnesota Cannabis Dispensary Wage and Hour Issues – How to Pay Employees
Unless you’ve been hiding under a rock, you know that in just a few short weeks, August 1, 2023, recreational cannabis (marijuana) will be lawful in Minnesota (under state law). However, recent news has also highlighted the fact that it may take up to 18 months for new cannabis dispensaries to obtain a license to…
Status of Biden Administration’s Proposed Rule on Independent Contractor Classification
On October 13, 2022, the U.S. Department of Labor (DOL) released a proposed new rule regarding the classification of independent contractors under the Fair Labor Standards Act (FLSA). If enacted, the rule will narrow the definition of “independent contractor”, having significant implications for workers and employers.
Background
In January 2021, the DOL (under President Trump)…
MN DOLI Provides Home Health Care Providers With Wage Guidance Webpage
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:
- Overtime (follow federal (40+ hrs/wk) and state law (48+ hrs/wk)
…
DOL Settles Another Home Healthcare Company Overtime Violation for Only Paying Straight Time
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…
Another DOL 180… Who is a Joint Employer Now?
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,…
DOL Fines Another Home Healthcare Company for Overtime Violations
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…