DOL Archives - Page 3 of 11

26 Feb 9th Circuit: FMLA Leave Includes “Off” Time in Rotating Schedules

Posted at 18:56h in Human Resources White Papers by reseco .0 Comments .

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An employee working a “one week on, one week off” schedule who takes 12 workweeks of federal Family and Medical Leave Act (FMLA) leave may be required to return to work 12 weeks later, a federal appeals court has held.

In Scalia v. State of Alaska, the 9th Circuit Court of Appeals found that an employer may count both “on” and “off” weeks against the FMLA leave entitlement of an employee on a rotating schedule. Ninth Circuit decisions apply in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands. The opinion was issued Jan. 15, 2021.

12 Feb DOL Proposes New Effective Date for Independent Contractor Rule

Posted at 17:42h in Human Resources White Papers by reseco .0 Comments .

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On Friday, Feb. 5, 2021, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) proposed delaying the effective date for the Independent Contractor final rule from Mar. 8, 2021 to May 7, 2021.

The WHD is proposing the delay to allow sufficient time for the agency to review the final rule as required by the memorandum President Biden issued on Jan. 20, freezing regulatory changes adopted late into the previous administration.

05 Feb Overview of the DOL’s January 2021 FLSA Opinion Letters

Posted at 20:05h in Human Resources White Papers by reseco .0 Comments .

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During January 2021, the U.S. Department of Labor issued nine opinion letters to clarify how the Fair Labor Standards Act (FLSA) applies to various employment situations.

DOL opinion letters provide the department’s official position on how labor and employment standards apply in specific situations.

07 Jan DOL Issues Final Rule on FLSA Independent Contractor Status

Posted at 23:42h in Human Resources White Papers by reseco .0 Comments .

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On Jan. 6, 2021, the U.S. Department of Labor (DOL) issued a final rule that clarifies how to determine whether a worker is an employee who is protected under the Fair Labor Standards Act (FLSA) or an independent contractor who is exempt from it.

The final rule becomes effective March 8, 2021.

07 Jan DOL Issues New Q&As About FFCRA Leave Requirements

Posted at 21:42h in HR and Operations by reseco .0 Comments .

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The U.S. Dept. of Labor (DOL) has issued two additional Q&As regarding employee leave under the Families First Coronavirus Response Act (FFCRA).

Q&As 104 and 105 were issued on Dec. 31, 2020. They address employees’ entitlement to FFCRA leave after Dec. 31, 2020, and their right to payment for FFCRA leave taken before Dec. 31, 2020.