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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PRO Act Out of COVID Relief, But . . .

Looking closer at the final COVID relief legislation, efforts by progressive democrats to incorporate the provisions of the Protecting the Right To Organize Act (PRO Act) in the American Rescue Plan Act were ultimately unsuccessful however, the legislation is not dead by any stretch. To the contrary, House Majority Leader Steny Hoyer (D-MD) announced that…

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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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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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DOL Passes New Tip Pooling Rule

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…

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Independent Contractor Rule Clears OMB

One week ago, the White House budget office wrapped up its review of a rule that would make more workers qualify as “independent contractors” under federal law. The completion of the OMB review generally signals that the final rule will be published soon in the Federal Register. The proposed version of the rule would create…

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Minimum Wage Act Exemption Increasing in PA

Winning exemption from Pennsylvania overtime requirements recently became that much more difficult when the Pennsylvania Department of Labor (PDOL) published its latest guidance. Effective October 3, 2020, the new guidance increases the minimum weekly salary threshold to be exempt under the Pennsylvania Minimum Wage Act (PMWA) white-collar exemption to $684 per week (the same as…

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Court Tosses Part of Joint Employer Rule

On Tuesday of this week, Judge Gregory Woods of the U.S. District Court for the Southern District of New York ruled that portions of the Department of Labor (DOL) regulation on the issue was “arbitrary and capricious” and in conflict with the Fair Labor Standards Act (FLSA). New York v. Scalia, in which 17 different…

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DOL Reinstitutes Opinion Letters on FLSA

It’s been over a decade since the US Department of Labor (DOL) abandoned its long practice of issuing opinion letters in response to employer questions on Fair Labor Standards Act (FLSA) application. Back in 2009, DOL changed that historic approach to resolving issues relating FLSA and began suing employers as the primary approach to enforcing…

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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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