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The Trump administration’s Department of Labor, Wage and Hour Division (the “WHD”) published its final independent contractor rule on January 7, 2021, with a related effective date of March 8.

January 28, 2021
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As many readers of this blog know, the Fair Labor Standards Act (FLSA) allows employees to sue for overtime and minimum wage violations on behalf of themselves and those “similarly situated” in a “collective action.”

January 22, 2021
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President-elect Joe Biden has laid out a range of employment-related initiatives, including goals that could significantly impact labor law, immigration, government contracting, employee safety, wage and hour, and other matters that affect the workplace.

December 15, 2020
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On September 22, 2020, the Department of Labor (“DOL”) released its long anticipated rule for evaluating independent contractor status under the Fair Labor Standards Act (“FLSA”), which provides a simpler framework for how businesses can lawfully classify workers as independent contractors rather than employees.

September 24, 2020
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Earlier in 2020, we discussed the Department of Labor’s (“DOL”) four-factor test for determining whether an entity could be considered a “joint employer” of an individual even if it is not the entity that payrolls that individual.

September 16, 2020
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Most employers reimburse their employees for money spent on meals, hotels and other expenses during work trips as business expenses, but few have given thought to reimbursing employees for employee costs incurred at home, including for internet, electricity, printer ink, etc., because those have traditionally been considered personal expenses.

September 9, 2020
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As the consequences of COVID-19 and the economic downturn are being more widely felt, employers are increasingly forced to confront tough choices with respect to reduced schedules, employee furloughs and reductions in force.

March 19, 2020
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Over the last two months, we have seen two new “Joint Employer” rules issued, the first in January, when the Department of Labor issued a new joint employer rule for Fair Labor Standards Act (FLSA) cases, previously discussed here.

March 10, 2020
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Have you ever considered the possibility that you might be the next person your contract attorney sues? As frightening as that sounds, that’s exactly what happened in the bizarre dispute leading up to a recent Fifth Circuit  decision, Faludi v. U.S. Shale Solutions, L.L.C.

February 20, 2020
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Last week, the Department of Labor issued a new, final rule defining the test needed to determine joint employment status under the Fair Labor Standards Act (FLSA). The rule narrows the factors which…

January 21, 2020
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Although they are not as common as they once were, employees in many workplaces still expect a bonus at this time of the year, and many employers, hoping to not disappoint, give their employees…

December 10, 2019