Tag Archives: Fair Labor Standards Act

The Department of Labor’s Latest Final Rule Publication Regulates Managers Who Receive Tips and Delineates Willful Violations of the FLSA

“Drip, drip, drip” is the best description of the Biden administration’s staggered attack on the 2020 Tip Final Rule through delays, withdrawals, amendments and notice of proposed rulemaking (NPRM). The latest action by the Department of Labor (DOL) came last week, when the Wage and Hour Division published its final rule addressing managers who receive … Continue Reading

Whaddaya Call It? DOL Proposes New Independent Contractor Test

By Todd Lebowitz on September 23, 2020 Posted in Independent Contractor

Soda or pop? Pill bug or roly poly? What you call things depends on where you live. In 2014, the New York Times published this 25-question dialect quiz that will tell you, with startling accuracy, where you or your parents are from. The test is fun, and you can see how words and dialects vary … Continue Reading

Joint Employment Test Gets Muddied Again: Federal Court Rejects New DOL Test

By Todd Lebowitz on September 9, 2020 Posted in Department of Labor

Muddy Waters is how you want your blues, not how you want your laws. A federal district judge in New York yesterday kicked up a lot of mud in an area of the law that had finally seen some clarity – the definition of “joint employment.” Now we’re back in the muck. Yesterday’s ruling struck down … Continue Reading

Wage and Hour Division Issues Two Employer-Friendly Rules

By David Grant and Shareef Farag on May 22, 2020 Posted in Wage and Hour

This week, the Wage and Hour Division announced the issuance of two rules interpreting the Fair Labor Standards Act (FLSA) that modernize its application and lessen the burden of overtime calculations for certain employers. First, the agency has eliminated archaic distinctions hindering use of the exception for retail or service establishments under Section 7(i) of … Continue Reading

Labor Department Withdraws 2015-16 Joint Employment, Independent Contractor Guidance

By Todd Lebowitz on June 7, 2017 Posted in Independent Contractor

Did the new Labor Secretary finally throw employers a bone? We think so, but it’s too early to tell whether it’s delicious bacon-flavored or some generic processed meat flavor. On June 7, 2017, the Department of Labor (DOL) announced it was withdrawing the 2015 and 2016 informal guidance on joint employment and independent contractor misclassification. The … Continue Reading

Understanding the New Overtime Regulations

By Amy J. Traub and Adam Seldon on May 18, 2016 Posted in FLSA

Today, the U.S. Department of Labor (“DOL”) issued the final version of the much-anticipated new Fair Labor Standards Act (“FLSA”) regulations regarding the salary threshold for exempt employees. This post provides employers with insight into how to understand, and ultimately apply, the new regulations, which will affect employers of all sizes in all industries across … Continue Reading

DOL Final Rule Withstands Challenge, Mandates Changes for Home Health Employers

By Joel D. Gottesman on October 15, 2015 Posted in DOL, FLSA

The U.S. Court of Appeals for the D.C. Circuit recently reinstated regulations from the U.S. Department of Labor (DOL), extending federal minimum wage and overtime requirements to home health workers employed by third-party employers. Home Care Association of America v. Weil, No. 15-5018 (Aug. 21, 2015) concerns plaintiffs-appellees Home Care Association of America (Home Care) … Continue Reading

Alice in Cook County, Illinois: A View Through the Looking Glass at a Ridiculous Wage-Theft Ordinance

By Joel Griswold and John C. McIlwee on February 22, 2015 Posted in FLSA, Wage and Hour

Starting May 1, 2015, employers in Cook County will be subject to a new “Wage-Theft Ordinance” that could lead to employers incurring massive property tax liabilities, business license revocation, and debarment from county contracts. Under the ordinance, local employers will face harsh penalties if they admit guilt or liability or are “adjudicated” to be guilty … Continue Reading

U.S. Supreme Court Refuses to Hear Petition that Proceeding as a Collective Action Under the FLSA is a Non-Waivable Substantive Right

By Joel Griswold on July 2, 2014 Posted in Class Action, Discrimination, FLSA

In the last week, we have seen several significant decisions from the U.S. Supreme Court. On Monday, however, the Court made a noteworthy “non-decision” by declining a petition for certiorari that raised the question of whether a collective action under the Fair Labor Standards Act is a non-waivable, substantive right. In Walthour v. Chipio Windshield … Continue Reading