Remember the 2021 Independent Contractor Rule? Well, forget it or at least most of it. Last week, the DOL published a new final rule for independent contractor status under the Fair Labor Standards Act (the New Rule). The New Rule rescinds the 2021 rule and provides guidance on how to analyze whether an individual should

Last week, the Equal Employment Opportunity Commission (EEOC) and the United States Department of Labor’s Wage and Hour Division (DOL) issued a memorandum of understanding (MOU) that announced they are partnering for the purpose of information sharing and joint investigations. As you know, the EEOC investigates and enforces allegations of discrimination and retaliation under Title

Recently the U.S. Department of Labor (DOL) issued a final rule that provides, among many other things (the rule is more than 700 pages long), (1) an update to the formula DOL uses to set “prevailing wages” under the Davis-Bacon Act and related regulations, (2) enforcement options for DOL to penalize employers for retaliation, and

Paid leave benefits are a hot topic these days. The Congressional Research Service (CRS) has issued an updated report on states that have Paid Family and Medical Leave (PFML) programs and how they work.

Federal FMLA and Unpaid Leave

We all know that the federal Family and Medical Leave Act (FMLA) requires employers with 50

Guaranteed confidentiality with regard to employee disputes may be becoming a thing of the past if the current tide of legislation continues. As we blogged about several weeks ago, Congress just banned arbitration agreements for sexual harassment claims. Even more stringent than that new federal legislation, Washington and California have both recently passed a “Silenced

When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit Court Rejects Trial Court’s Approach of Holding Trial in Wage Case Before Deciding on Class whether it will be a collective action or class action versus an individual action and (2) a trial of the merits on whether the FLSA was actually violated. One federal district court decided No. 2

Silverware Rollers Unite! DOL Proposes New Rule on Use of Tip Credit for Non-tipped WorkAs we discussed in April, the Biden administration halted the implementation of some of the Trump administration’s changes to the rules on taking a tip credit for non-tipped work. For those that never have had a server job, employers who have tipped employees (waitstaff, bartenders, etc.) have the option to pay those type of