FLSA Tag
05 May DOL Withdraws Independent Contractor Final Rule
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On May 5, 2021, the U.S. Department of Labor (DOL) announced it will officially withdraw the Independent Contractor final rule.
The withdrawal will be effective on the day the DOL’s official withdrawal is published in the Federal Register. The Federal Register is expected to publish the withdrawal on May 6, 2021.
29 Apr DOL Delays Portions of the 2020 Employee Tip Final Rule to Dec. 31, 2021
[wpseo_breadcrumb] On Dec. 30, 2020, the U.S. Department of Labor (DOL) published a final rule to amend employee tip regulations under the Fair Labor Standards Act (FLSA).
On Apr. 29, 2021, the DOL published another final rule delaying the effective date of three provisions of the 2020 employee tip rule (the Rule) to Dec. 31, 2021.
26 Mar DOL Will Allow Portions of the Tip Rule to Take Effect April 30
[wpseo_breadcrumb] On Dec. 22, 2020, the U.S. Department of Labor (DOL) published a final rule to amend employee tip regulations under the Fair Labor Standards Act (FLSA).
The final rule was scheduled to take effect on March 1, 2021; however, on Feb. 26, 2021, the DOL delayed the rule’s effective date to April 30, 2021.
Portions Approved to Take Effect
After reviewing the rule for consistency with law and policy, the DOL announced that it will allow provisions that increase worker protections and earnings to take effect in April, including provisions that:26 Feb 9th Circuit: FMLA Leave Includes “Off” Time in Rotating Schedules
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.
05 Feb Overview of the DOL’s January 2021 FLSA Opinion Letters
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
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.
25 Sep DOL Proposes Changes to FLSA Independent Contractor Classification Test
On Sept. 22, 2020, the U.S. Department of Labor (DOL) announced a proposed rule to clarify how employers should classify their workers as either employees or independent contractors.
Accurate worker classification enables employers to determine which obligations, protections, rights and benefits apply to their employees under the law.
04 Sep DOL Publishes Four Additional FLSA Opinion Letters
On Aug. 31, 2020, the U.S. Department of Labor (DOL) published four new opinion letters.
Opinion letters provide the DOL’s official position on how labor and employment standards, in this case the Fair Labor Standards Act (FLSA), apply in specific situations.
14 Aug Employer Guidance for Common Return-to-Work Concerns
In light of the coronavirus (COVID-19) pandemic, many organizations are taking precautions to best ensure the health and safety of their workforce. As return-to-work plans are implemented, employees are also concerned about safety—and are often addressing concerns directly with their employers.
As organizations address new challenges, many are seeking answers regarding what they can, and cannot do in response to common return-to-work concerns. This article serves as a general guide for employers regarding safety and workplace precautions as organizations prepare and implement return-to-work plans, and prepare to address common concerns as employees return to the workplace.
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