DOL Withdraws Gig Worker Rule

The U.S. Department of Labor (DOL) officially rescinded the Trump-era independent contractor rule, which gave employers more leeway in classifying gig workers as independent contractors rather than employees.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…

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DOL Announces Worker Rights Initiative

In the same vein, the Department of Labor (DOL) also announced this week that it was launching a new initiative aimed at strengthening the rights of workers. This new effort, entitled “Essential Workers, Essential Protections”, provides workers with information about the wage and hour laws that apply to them, including instructions on how to contact DOL with questions or complaints.…

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Increasing the OT Threshold

The old phrase “you ain’t seen nothing yet” sprang to mind last week when we learned of an effort by some Congressional democrats to more than double the existing overtime threshold to over $82,000! In a letter to newly installed Labor Secretary Marty Walsh, Representatives Mark Takano (D-CA) and Alma Adams (D-NC) along with Chairman…

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DOL Expands UI Eligibility

Speaking of changes from the Department of Labor, the agency earlier this year expanded the categories of worker eligible for Pandemic Unemployment Assistance (PUA). In a guidance letter sent to state unemployment administrators, DOL added eligibility for: workers receiving unemployment benefits who had been denied continued benefits because they refused to work at a worksite…

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Biden Posts Filling Up

The United States Senate confirmed several more nominees of President Biden to a host of important federal posts. First and foremost, amongst the recent confirmations was new Labor Secretary Marty Walsh, who formerly served as Mayor of Boston for the past 7 years. Confirmed on a Senate vote of 68-29, Walsh will now oversee the…

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DOL Rolling Back on Joint Employer

It’s no surprise, but becoming more apparent with each day that the positions taken by the Department of Labor and the National Labor Relations Board under President Biden will be more closely aligned with the anti-business posture adopted under the Obama administration than the free-market positions espoused under President Trump. As a glaring case in…

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COBRA Rules Changed

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…

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DOL Delays New Tip Pooling Rule

Call it the “Final Rule” that isn’t, as the Department of Labor has now delayed the implementation of its Final Rule on tip pooling under the Fair Labor Standards Act (FLSA). The Tip Regulations Final Rule was just finalized in late December and was set to become effective on March 1, 2021. However, in one…

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Biden Nominates California’s Su for #2 DOL Post

Last week, we reported on the US Senate confirmation hearing for Boston Mayor – Secretary of Labor nominee – Marty Walsh. Well, we now know who has been nominated to serve as his second-in-command, California Labor Secretary Julie Su. She currently heads up the California Department of Labor and Workforce Development and was on the…

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DOL Ends Employer Self Reporting Program

Last week, the Department of Labor (DOL) announced that it had ended the employer self-reporting wage and hour program that was implemented by the Trump administration. The Payroll Audit Independent Determination program (PAID), which was launched in 2018, allowed employers to self-report potential wage and hour violations under the Fair Labor Standards Act (FLSA) and…

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