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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Posting Requirements for Federal and State Notices

All employers are required to post certain federal and state postings on an annual basis – and generally the first of the year is the best time to ensure compliance. Federal law requires that an employer with less than 50 employees post 5 specific notices: the Fair Labor Standards Act; the Employee Polygraph Protection Act;…

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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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FLSA Overtime Rule Webinar

DDIFO members are invited to attend a webinar on the new Fair Labor Standards Act (FLSA) overtime rule, becoming effective on January 1, 2019. Sponsored by the Coalition of Franchisee Associations (CFA) on December 4 at 12:00 Noon ET, the webinar is hosted by Fisher & Phillips labor and law attorneys Andria L. Ryan (co-chair…

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OMB Clears Fluctuating Workweek Plan

A new proposal that would give employers an option in how they calculate overtime for certain of their employees was green-lighted by the White House Office of Management and Budget (OMB) this week. While details of the final proposal won’t be released until it’s published in the Federal Register, the most recent notices available indicate…

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