You may have missed it, but Secretary of Labor Marty Walsh perked up some ears last week when he discussed possibly raising the FLSA salary threshold for certain exempt employees. In testimony before a Congressional committee, Secretary Walsh stated that the current amount, $35,568, is “definitely” too low and hinted that his department may seek
Helpful Guidance Comes to Those Who Wait: OSHA Issues Long-Awaited COVID-19 Safety Rule
After the CDC updated its mask guidance, we have all be wondering: Can we eliminate our mask and social distancing requirements for vaccinated employees? Can we ask employees if they have been vaccinated? Can we hold meetings and social gatherings in person again? While we gave you options and best practices in a recent
Leggo My Eggo and Pass the Legal Advice! Come to Breakfast with Bradley on June 17
Employers across the country are curious how the labor and employment world may change under President Biden’s administration. March saw Marty Walsh, former mayor of Boston, confirmed as the U.S. Secretary of Labor. What is his philosophy? The DOL postponed the effective date of a new Independent Contractor Rule. Will it ever go into effect?
Essential COVID-19 Tips for Those Essentially Essential: DOL Launches New Wage and Hour Program for Essential Workers
The Wage and Hour Division of the Department of Labor unveiled a new program, “Essential Workers—Essential Protections,” that focuses on making sure employers comply with overtime and other wage requirements for workers on the frontline of battling the pandemic. Those positions include workers in grocery stores, healthcare, retail, delivery services and agriculture. The program will
Tipping the Scales: The Tipped Employee Final Rule Not So Final Afterall
You may recall we previously reported on the DOL’s new tipped employee regulations that were set to take effect in March 2021. Well, the DOL, under the new administration, is now hitting pause on that final rule. The Biden DOL has announced that portions of the final rule will take effect on April 30, 2021,
Coming Back (or Staying Gone) for More: ARPA Extends Tax Credits for Providing COVID-19 Leave
Just when you had your COVID-19 leave policies in place, Congress goes and passes new legislation: the American Rescue Plan Act (ARPA). Remember, as we outlined in a previous blog post, the Families First Coronavirus Response Act (FFCRA) was passed in March of last year and provided that employers with fewer than 500 employees
Putting the Brakes on the Gig Economy? Biden DOL Delays Effective Date of Final Rule on Independent Contractor Status
On January 7, we wrote about the DOL’s Final Rule on Independent Contractor Status that was slated to take effect on March 8, 2021. Many employer and business groups applauded the Final Rule because its focus on the economic reality test was intended to make it easier for employers to classify certain workers as independent
Don’t Let Your Employee’s “Unpaid” Meal Breaks Turn into a Costly Mistake for You
An unpaid meal break can become a very expensive lunch for an employer, but there are ways to comply with the Fair Labor Standards Act (FLSA) to try and minimize the risk.
Identifying the Potential Problem
The problem that results from unpaid meal breaks typically arises like this:
- Nonexempt employee clocks out for lunch, or
New Administration, New DOL Approach: Department Pulls Back Trump Rulemaking Limitations
With the new Biden administration now in place, the Department of Labor (DOL) has withdrawn a Trump era measure on guidance documents. Following a recent Executive Order, the DOL issued a final rule on January 27 to rescind the Trump DOL’s prior rule. The result will likely be less public involvement in DOL guidance.
Background
Who’s the Boss? U.S. DOL Issues Final Rule on Independent Contractor Status
Employers often ask, “Can this worker be an independent contractor?” The answer is often unclear due to the different tests for employee versus independent contractor status, which vary between federal circuit courts and from state to state. In the end, the answer typically depends on how much risk the employer is willing to take. In