The U.S. Department of Labor (DOL) published a new rule on tip pooling last Friday that subject employers to more significant monetary penalties for mishandling workers’ tips. Under the previous DOL regulation, put in place during the Trump administration, an employer could be subjected to civil penalties if the employer’s action of mishandling or illegally…
Read More »The U.S. Department of Labor (DOL) officially rescinded the Trump-era independent contractor rule, which gave employers more leeway in classifying gig workers as independent contractors rather than employees. Announcing the decision, Labor Secretary Marty Walsh categorized the decision as helping to “preserve essential worker rights and stop the erosion of worker protections that would have…
Read More »The U.S. Court of Appeals for the 2nd Circuit denied a request by the Department of Labor under President Biden to delay for 6 months, the filing of a DOL brief seeking to overturn the Trump administration rule on the joint employer issue. In the wake of the decision, DOL must still file its brief…
Read More »Some of the provisions in the COVID Relief bill make significant short-term changes to the rules governing the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). Specifically, the legislation, which President Biden will sign into law today, allows individuals eligible for coverage under COBRA to maintain their employer-sponsored coverage after a layoff, furlough or reduction…
Read More »Underscoring the importance of who’s calling the shots at the NLRB, DOL and other federal departments during the transition from the Trump to the Biden administration, the U.S. Department of Labor (DOL) this week announced that it was withdrawing three opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). The…
Read More »The U.S. Department of Labor (DOL) has issued its long-awaited Final Rule addressing who may share tips under the Fair Labor Standards Act (FLSA) and the circumstances under which employers may use a tip credit. It will become effective on March 1, 2021, 60 days after publication in the Federal Register. The Final Rule implements a 2018 amendment…
Read More »The US Department of Labor (DOL) issues new additional guidance on return-to-work issues stemming from the First Coronvirus Response Act (FFCRA). These latest DOL rules provide direction for employers in regards to the application of the Fair Labor Standards Act, the Family and Medical Leave Act (FMLA) as well as the FFCRA. In addition, the…
Read More »The US Treasury Department this week released an updated guidance document for the Paycheck Protection Program along with an updated FAQ that can be critical for many borrowers. The new rules (Question #40) provide that an employer will not be penalized regarding loan forgiveness, if they offer a laid-off employee their job back and the…
Read More »The Families First Coronavirus Response Act (FFCRA) may only be one week old, but the Department of Labor has already issued a further guidance on the law that effectively changes some of the provisions of the statute. For openers, the latest DOL Guidance states that the law now takes effect on April 1st and that…
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