MEMBER FEEDBACK REQUESTED. As expected, the Labor Department has proposed new interpretive regulations under the Fair Labor Standards Act that would weigh heavily in favor of an employee versus independent contractor classification determination.
For 40 years, the Labor Department has insisted that to be enforceable, a settlement of Fair Labor Standards Act claims must be supervised by the agency or approved by a federal court. Two recent federal court rulings state that there is nothing in t
A House of Representatives committee has approved a bill that would rewrite the FLSA to significantly expand the law’s disclosure and enforcement provisions. As our memo explains, however, the bill seems more intended as a political statement rather
In a political setback to the Biden Administration, the U.S. Senate has rejected the President’s nomination of former Obama-era Department of Labor Wage and Hour Administrator David Weil to serve in the same position again.
A federal court has ruled that the Biden Administration failed to comply with applicable procedural requirements in attempting to withdraw a helpful employee classification rule issued by the Trump Labor Department. As a result, the Trump rule is in
According to statistics released recently by the Department of Labor, the number of complaints it resolved that were filed by individuals under either the Fair Labor Standards Act or the Family and Medical Leave Act has gone down noticeably in recent
A recent federal appeals court ruling simply confirms that industry-supported revisions to regulations governing joint employment under the Fair Labor Standards Act that were issued in 2020 by the Trump Administration have been rescinded by the Biden
The House of Representatives, on a bipartisan vote, recently approved a bill (the “Providing Urgent Maternal Protection for Nursing Mothers Act”) that would extend and strengthen the right of employees to workplace accommodations in order to express
As expected, the Labor Department has issued a final rule rolling back revisions made by the Trump Administration to the regulations governing employers’ use of the tip credit under the Fair Labor Standards Act. Restoration of the so-called 80-20 rul
The Department of Labor has allowed another portion of the revised “tip” regulations issued at the end of the Trump Administration to go into effect, albeit with changes demanded by worker advocates.
CWC has filed written comments with the Department of Labor opposing a new impractical test that DOL is proposing that will deter use of the so-called tip credit. Instead, our comments urge retention of a provision in last year’s revised tip regulati
As expected, the Biden Labor Department has formally rescinded revised FLSA regulations issued by the Trump Administration that were designed to provide helpful guidance to employers and the courts on the standards that apply for determining whether
The Labor Department has issued proposed rules to implement a Biden Executive Order issued in April that increases the minimum wage on covered federal contracts to $15 an hour beginning on January 30, 2022.
A new Labor Department regulation that would give employers helpful guidance on how to make employee/independent contractor classifications under the Fair Labor Standards Act has been put on hold by the Biden Administration. CWC urged DOL to let the
The Department of Labor has issued two new opinion letters applying the Fair Labor Standards Act’s training and travel time regulations to a number of different scenarios.
Under a 2015 bill approved by Congress, statutory fines under many federal laws are adjusted upwards on an annual basis for inflation. Our memo lists adjusted current penalty amounts for a number of employment-related violations.
CWC has filed a comment letter with the Department of Labor strongly supporting the agency’s proposed interpretive rule for determining whether an individual is an employee or an independent contractor.
In a long-awaited regulatory action, the Labor Department is proposing to adopt a new “interpretive” rule for determining whether an individual is an employee or an independent contractor under the Fair Labor Standards Act. CWC will be submitting com
Under an Executive Order issued by President Obama in 2014 that is still in effect, federal contractors with certain specified contracts must pay employees working on those contracts a special minimum wage of $10.80 compared to the standard federal m
The Department of Labor recently released four new opinion letters interpreting application of the Fair Labor Standards Act to various scenarios, including guidance on the “fluctuating workweek” method of calculating overtime pay and whether highly p
A federal trial court this week invalidated major portions of the regulations issued by the Labor Department earlier this year clarifying the test for determining joint employment under the Fair Labor Standards Act, thus taking away some of the certa
Although the Supreme Court has made it clear that the Federal Arbitration Act establishes a public policy favoring arbitration of disputes, there is a provision in the FAA that exempts its application to workers “engaged in foreign or interstate comm
The latest in our ongoing series of memos exploring the nuances of the Fair Labor Standards Act’s so-called white collar exemptions explains the recently revised rules governing overtime eligibility for “white collar” exempt workers that allow employ
CWC’s latest memo in our ongoing series on the Fair Labor Standards Act white collar exemptions looks at the simplified test employers are permitted to use to determine the exempt status of certain “highly compensated” employees.
Four new opinion letters issued by the Labor Department’s Wage and Hour Division address issues involving the exemptions contained in the Fair Labor Standards Act for certain sales employees.
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