Showing 26 posts in U.S. Department of Labor.

U.S. Department of Labor Issued its Final Rule on Classifying Workers as Employees or Independent Contractors

Earlier this week, the United States Department of Labor (DOL) issued a "final rule" providing guidance on the proper classification of employees and independent contractors under the Fair Labor Standards Act (FLSA). More ›

The "Gig" is Up: DOL Proposes Rule That Would Classify More Independent Contractors as Employees

The U.S. Department of Labor (DOL) has proposed a rule that would make it more difficult for companies to treat workers as independent contractors. The proposed rule would return to a "totality-of-the-circumstances" analysis of the economic realities test—in which the factors do not have a predetermined weight and are considered in view of the economic reality of the whole activity. The DOL said it will consider, among other factors, the worker's "opportunity for profit or loss, investment, permanency, the degree of control by the employer over the worker, whether the work is an integral part of the employer's business, and skill and initiative." More ›

DOL Provides Guidance on Pandemic Emergency Unemployment Compensation Program

Over the past three weeks, 16 million unemployment claims have been filed, and more are on the horizon. As questions and concerns surrounding unemployment benefits continue, so does guidance from the U.S. Department of Labor (DOL). In a recent Unemployment Insurance Program Letter (UIPL), the DOL's Employment and Training Administration (ETA) provided further clarification concerning the Pandemic Emergency Unemployment Compensation (PEUC) program. The PEUC has left employers wondering whether or not their respective state—or the federal government—will require repayment of the benefits provided under the PEUC. More ›

DOL Issues OSHA Information to Help Reduce Coronavirus Exposure in the Workplace

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued a new poster—available in English or Spanish—which lists steps workplaces can take to reduce their risks of coronavirus exposure. This release is the latest effort by OSHA to educate and protect America's workers and employers during the pandemic. We outline their recommended infection prevention measures highlighted in the poster below. More ›

DOL Clarifies Unemployment Benefits in New Letters

Over the last few weeks, employers across the county have had to grapple with an onslaught of new legislation at both the state and federal level. As part of its implementation of the new federal employment law mandates, the U.S. Department of Labor (DOL) has provided two new Unemployment Insurance Program Letters (UIPL) concerning unemployment benefits. We explore the DOL's guidance below. More ›

NLRB Announces Final Joint Employer Rule

Following in the footsteps of the U.S. Department of Labor, the National Labor Relations Board (NLRB) announced its Final Rule regarding joint employment. While the NLRB rarely engages in rulemaking, it deemed it necessary in this instance to provide clarity and predictability regarding joint employment. Effective April 27, 2020, the Final Rule rescinds the current test which went into effect in 2015 and reverts back to the prior analysis. This impacts all employers, particularly in the context of collective bargaining, staffing companies, and franchisers. More ›

Final Rule from U.S. Department of Labor Provides Clarifying Update to Joint Employer Regulations

The U.S. Department of Labor recently issued a Final Rule to update longstanding "joint employer" regulations which will take effect March 16, 2020, under the Fair Labor Standards Act (FLSA). Under the FLSA, an employee may have one or more employers that are jointly and severally liable for violations of the FLSA. The new regulations provide clarity and, consequently, increase employers' comfort levels as to agreements with independent service providers. More ›

U.S. Department of Labor Rings in the New Year with New Opinion Letters Regarding FMLA and the FLSA

The U.S. Department of Labor (DOL) issued three opinion letters on January 7, 2020—one addressing the Family Medical Leave Act (FMLA) and two on the Fair Labor Standards Act (FLSA). The FMLA letter clarifies whether a combined general health district must consider employees of the county located in said health district when determining FMLA eligibility. As for the FLSA letters, one explores how a nondiscretionary bonus factors into an employee's regular rate of pay, while the other looks at whether per-project payments satisfy the salary basis test for exemption. Below, we take a closer look at each of these letters. More ›

Overtime Rules Update: DOL Adjusts Minimum Salary Requirement for Salaried Employees

The United States Department of Labor (DOL) made official a new regulation increasing the minimum salary level that salaried employees must be paid to be exempt from overtime. As of January 1, 2020, if a salaried employee makes less than $684 per week—or $35,568 per year—the employee will be entitled to overtime for the hours worked beyond 40 hours in a week. More ›

DOL Opinion Letter Expands Scope of Activities Eligible for Intermittent Family Leave

On August 8, 2019, the U.S. Department of Labor – Wage and Hour Division (collectively the "DOL") issued Opinion Letter FMLA2019-2-A, which interpreted the Family and Medical Leave Act of 1993 (FMLA) to include providing intermittent family leave for a mother to attend committee meetings related to the serious health conditions of her children. The Opinion Letter expands the scope of activities eligible for intermittent FMLA leave. More ›