DOL Finalizes Joint Employer

Notwithstanding the above and possible re-opening of the issue, the U.S. Department of Labor (DOL) has released the final version of the long-awaited joint employer rule. The final rule now employs a four-part test to determine joint employer status that includes whether a franchise: 1) maintains power to hire and fire; 2) supervise schedules and…

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Federal Comment Periods Extended Again

Two federal agencies this week again extended the public comment period on pending regulations. The comment period on the proposed DOL amended tip-pooling rule, which was scheduled to end this past Monday was extended by the Wage and Hour Division due to an outage on the federal website, www.Regulations.gov. After the outage was resolved, the…

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New Overtime Threshold Effective January 1

Although it’s been in the works for years now and you’ve known about the final resolution for quite a few months, we want to remind our readers once again that the new overtime threshold also takes effect with the New Year. Beginning on January 1st, employees paid less than $35,308 on an annual basis must…

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Joint Employer Rules on the Move to OMB

Earlier this week, the US Department of Labor (DOL) sent its joint employer rule to the White House Office of Management and Budget (OMB) for approval – the last step before publication in the Federal Register. The proposed rule for application of the joint employer standard under the Fair Labor Standards Act (FLSA) will make…

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Joint Employer Clarifications Expected By Year’s End

As the end of 2019 rapidly approaches, many eyes are turning to several federal regulatory agencies where a number of important decisions are expected after the Trump administration released its regulatory schedule this week. The biggest of the big issues relates the question of joint employment status and its applicability under a number of federal…

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Prepare for Changes Coming With New Year

As the calendar gets closer to 2020, it’s important for all small business owners to be aware and prepare for the changes that will come with the New Year. For example, half of the states in the nation have an increase in the minimum wage taking effect as January arrives. Over the course of the…

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Record Wage Recovery at DOL

Notwithstanding the concerns of some over the generally more reasonable regulatory environment established by the Trump administration across the federal bureaucracy, employees continue to benefit from more effective policies. As a perfect case in point, we noted this week that the Department of Labor Wage and Hour Division (WHD) collected a record amount of wages…

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States Pushing Their Own Overtime Rules

Despite such reasonable rulings on overtime and the methods for overtime calculations proposed by the Trump administration, a number of states are dramatically pushing the overtime limits at the state level. On Thursday, Michigan Governor Gretchen Whitmer (D) charged the state labor department with expanding overtime eligibility across the state, using the Obama figure as…

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Yet, Another DOL Tip Pooling Rule

On Monday of this week, the Department of Labor (DOL) released yet another amended tip-pooling proposal. The latest iteration however, only applies to employers who do not take a tip credit. It will allow employers to pool tips from front-of-the-house workers and share them with back-of-the-house employees who aren’t normally tipped. This most recent change…

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DOL Sets OT Exemption Threshold at $35,568

Earlier this week, the Department of Labor (DOL) released the final rule defining Overtime Exemption requirements for White Collar Exemptions. Effective on January 1, 2020, the new rule mandates that employees earning less than $684 per week ($35,568 annually) are entitled to overtime payment for work in excess of 40 hours per week. This particular…

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