Posted on September 29, 2020 by Sara J. Ackermann
Blog
Employers need to keep abreast of the ever-changing agency rules regarding whether a worker is an “independent contractor” or an “employee.” You might ask, “why does this matter to the government?” The answer is easy: many government agencies—both state and federal—are designed solely to protect employees. The U.S. Department of Labor (DOL), the Occupational Safety […]
Posted on August 28, 2020 by Sara J. Ackermann
Blog
Today the U.S. Department of Labor’s Wage and Hour Division published responses to three new frequently asked questions for regarding qualifying for paid leave under the Families First Coronavirus Response Act (FFCRA) in relation to the reopening of schools. This list of FAQs has now hit 100 and is a great guide for employers regarding the […]
Posted on December 18, 2019 by Sara J. Ackermann
Blog
Late last week the Department of Labor announced a Final Rule that will allow employers to more easily offer bonuses and benefits without worrying about the regular rate of pay. The rule is the first major change to the regulations governing regular rate requirements under the Fair Labor Standards Act (FLSA) in over 50 years. […]
Posted on August 1, 2017 by Ruder Ware Alumni
Blog
Recent action taken by the Department of Labor has started to signal the likely “redo” of the Fair Labor Standards Act regulations regarding overtime pay and which employees are eligible for overtime pay. The Department of Labor issued a Request for Information document that asks employers to respond to a series of questions on overtime […]
Posted on June 14, 2017 by Ruder Ware Alumni
Blog
Recent action by the Trump Administration has raised a new question regarding joint employer status and whether particular employees hired (individually or through a company) to provide work for another company should be considered an employee of the hiring company. The past Department of Labor issued various memos that indicated a crackdown on independent contractor […]
Posted on December 12, 2016 by Ruder Ware Alumni
Blog
The table is set for a fight over whether or not more employees will be eligible for overtime pay as a result of the Department of Labor regulation changing the qualifications to be an exempt employee. President-Elect Trump has nominated Andrew Puzder to serve as Secretary of the Department of Labor. He has made it […]
Posted on June 29, 2016 by Ruder Ware Alumni
Blog
A recent decision in the Ninth Circuit Court of Appeals has highlighted another problem with determining the rate of pay for paying overtime hours worked by non-exempt employees. Under the Fair Labor Standards Act, employees are required to be paid time and one-half their regular rate of pay when they work more than 40 hours […]
Posted on February 5, 2016 by Ruder Ware Alumni
Blog
Recent statements from the Department of Labor Solicitor Patricia Smith have suggested that the new regulations being considered by the Department of Labor on the white collar exemptions from overtime will be published in July and become effective in September. This is an earlier date than was originally hinted at by Solicitor Smith in prior […]
Posted on January 28, 2016 by Ruder Ware Alumni
Blog
Recent guidance from the Department of Labor has created a stir regarding two or more businesses that could be considered joint employers and thereby held jointly and severally responsible for complying with minimum wage and overtime pay requirements of the federal Fair Labor Standards Act. Under guidance issued by Wage and Hour Division Administrator, Dr. […]
Posted on November 19, 2015 by Ruder Ware Alumni
Blog
In a surprise announcement, the Solicitor of Labor, Patricia Smith, has indicated the final rule on overtime eligibility being considered by the Department of Labor will likely not be declared final and implemented until late 2016. During a panel discussion at the American Bar Association’s Labor and Employment Law Conference, Solicitor Smith indicated there were […]