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
DOL Withdraws Several Opinion Letters Issued Under Trump Administration
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 Since the Biden Administration has begun, several Department of Labor (DOL) opinion letters have been withdrawn (get it yet?)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
DOL Issues Final Rule Regarding Employee or Independent Contractor Analysis – Suggests Approval of Paying Benefits to Independent Contractors
*UPDATE – THE FINAL RULE HAS BEEN WITHDRAWN MAY 6, 2021.
As I blogged about a few months ago, 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
DOL Issues Proposed Rule Regarding Independent Contractor Status Under FLSA
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
NLRB Reinstates Common Law Independent Contractor Test
On January 25, 2019, the National Labor Relations Board flopped again in SuperShuttle DFW, Inc., reinstating the pre-2014 common law agency test for determining independent-contractor status (overruling FedEx Home Delivery). Why is this important if you are not a unionized employer? Well, the National Labor Relations Act (NLRA) does not require the same
Wage and Hour Preparations for the New Year
As 2018 comes to a close, it is a great time for employers to address lingering issues that have been on the back burner and start “fresh” in the new year. A new year is a great time to roll out changes for both administration purposes and for employees; new year, new policies. Here are
NLRB Deciding Whether Independent Contractor Misclassification = NLRA Section 8(a)(1) Violation
In Velox Express Inc., National Labor Relations Board, the National Labor Relations Board (Board) is considering under what circumstances, if any, should the Board deem an employer’s act of misclassifying employees as independent contractors a violation of Section 8(a)(1) of the National Labor Relations Act (Act). On February 15, 2018, the Board announced
Driver Trip Logs Can Provide Constructive Notice of Unpaid Overtime
Minnesota employers of drivers take note – the Minnesota District Court in Farah v. Alpha & Omega USA, Inc. dba Travelon Transportation held that drivers’ trip logs provide constructive notice of unpaid overtime. The employer, a transportation service company for elderly and disabled individuals, employed Plaintiffs under an independent contractor agreement as drivers. As a
Department of Labor Provides Another New Website for Employees…or Independent Contractors
The United States Department of Labor has added yet another website, this time providing a framework for individuals to research whether they are properly classified as an “independent contractor” or an “employee”. This new site provides information about pay and misclassification; health and safety concerns on the job; unemployment insurance and misclassification; anti-retaliation/anti-discrimination rights;
$47,892 -The Single Most Significant Number to Employers This Spring. FLSA Overtime Regulations Overhaul Expected to Be Approved By June.
On March 14, 2016, the Department of Labor submitted its “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees” final proposed rule to the Office of Information and Regulatory Affairs. Commonly referred to as the “white collar exemption”, the Fair Labor Standards Act (FLSA) provides that all employees (subject to