On January 9, 2024, the Department of Labor (the “DOL”) announced its final rule defining “independent contractors” under the Fair Labor Standards Act (the “FLSA”). Displacing the 2021 two-factor Trump Administration rule, the Biden Administration’s Final Rule returns to the “totality of the circumstances” test.
As we know, the FLSA provides that nonexempt employees must
On January 26, 2023, OSHA issued two enforcement memoranda accompanied by a clear message to employers from Assistant Secretary for OSHA Doug Parker: employers who “choose to put profits before their employees’ safety, health and wellbeing” will be targeted. Aggressively.
OSHA’s first memorandum revises and significantly expands its seldom used instance-by-instance (“IBI”) policy. The decision
Employers should be preparing to take a close look at the current status of individuals they classify as independent contractors – especially those in the Construction industry.
On October 13, 2022, the Department of Labor (“DOL”) will publish a Notice of Proposed Rulemaking to help employers and workers determine whether a worker is an employee
Even though the calendar has not even turned to February, we already have seen major updates on the federal government’s COVID-19 rules and guidance. This past week proved no different. On Friday, January 21, 2022, a Texas federal judge blocked, on a nationwide basis, President Biden’s executive order mandating that federal workers get a COVID-19
Effective today, May 7, 2021, the U.S. Department of Labor (“DOL”) is officially withdrawing independent-contractor rule approved in early January and at the end of the Trump Presidency, which would have made it easier for businesses to classify workers as independent contractors rather than employees under the Fair Labor Standards Act (“FLSA”).
Under President Trump’s
Under the American Rescue Plan Act (ARPA), certain individuals are eligible to receive fully subsidized COBRA coverage for a six-month period which began on April 1, 2021. The APRA also requires that employers notify affected individuals of this benefit by May 31, 2021. Thankfully, last week, the Department of Labor issued template notices and a
According to new guidance from the U.S. Department of Labor, workers who refused jobs that they viewed as unsafe for COVID-19 reasons may now be eligible to collect unemployment benefits. The DOL published this guidance on February 25 in keeping with President Biden’s promise to provide unemployment benefits to workers who chose unemployment over exposure
Originally effective on April 1, 2020, the Families First Coronavirus Response Act (“FFCRA”) required certain employers with fewer than 500 employees to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The FFCRA specified an effective date through December 31, 2020. While many anticipated that
Earlier this week, a decision by the U.S. District Court for the Southern District of New York vacated several key aspects of the U.S. Department of Labor’s (“DOL”) final rule implementing the Families First Coronavirus Response Act (“FFCRA”). (For those who are unfamiliar with the FFCA, an overview can be found here.) The decision
As we wrote about here, the U.S. Department of Labor (“DOL”) has issued informal guidance to help employers understand their rights and obligations under the Families First Coronavirus Response Act (“FFCRA”). DOL has since updated that guidance to address topics such as the following: