Previously, we wrote about a final rule issued by the Department of Labor (DOL) during the last days of the Trump administration addressing the appropriate test for classifying independent contractors under the FLSA. We noted that the future of the rule was in question because it was not set to go into effect until March 8, 2021. This delayed implementation provided an opportunity for the incoming Biden administration to freeze or withdraw the rule.
Continue Reading DOL Freezes Rule on Independent Contractor Classification Test under the FLSA and Withdraws Several Opinion Letters

In the last weeks of the Trump Administration, the Department of Labor published its final rule for determining whether an individual is an employee or independent contractor under the Fair Labor Standards Act. The distinction between an employee and independent contractor is of critical importance because independent contractors are not entitled to the benefits of the FLSA, namely minimum wage and overtime.
Continue Reading DOL Issues Final Rule on Independent Contractor Classification Test under the FLSA

The U.S. Department of Labor recently released a proposed rule seeking to clarify independent contractor vs. employee status under the Fair Labor Standards Act.   The proposed rule seeks to simplify the “economic realities” test currently applied by federal courts in various forms.
Continue Reading Deadline Approaching to Submit Comments on DOL Proposed Independent Contractor Rule

Last month, the United States District Court for the Southern District of New York invalidated portions of the Department of Labor’s Final Rule on joint employment, holding that parts of the Final Rule conflicted with the statutory language of the FLSA and chiding the DOL for failing to adequately explain why the Final Rule departed from the DOL’s own prior interpretations.
Continue Reading Court Invalidates DOL’s Final Rule On Joint Employment Under The FLSA

The Department of Labor has released a new set of “Questions and Answers” for employers under the Families First Coronavirus Response Act.  The guidance supplements the temporary rule issued by DOL in April; final regulations are still forthcoming.
Continue Reading DOL Updates Guidance on Coronavirus Paid Leave Law, Addresses Business Reopenings

As states have worked to process the millions of unemployment claims arising out of the pandemic, many questions have arisen about who is eligible for the federal Pandemic Unemployment Assistance (PUA) benefit under the CARES Act.  The Department of Labor’s most recent guidance attempts to answer many of these questions posed by the states and may be helpful to employers considering furloughs or layoffs.

Continue Reading DOL Amplifies Guidance on Pandemic Unemployment Assistance Program

As state unemployment agencies are inundated with new claims, the US DOL recently provided instructions to states for implementing the Pandemic Emergency Unemployment Compensation Program of the CARES Act in its April 10, 2020 guidance.  PEUC allows states to enter into agreements with the Secretary of Labor to pay up to 13 weeks of unemployment benefits to eligible individuals, through December 31, 2020.  We highlight the important takeaways.
Continue Reading DOL Issues Implementation Guidance for Pandemic Emergency Unemployment Compensation Program of CARES Act

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020 as a federal response to the economic crisis caused by the Coronavirus. As we previously reported, the Act greatly expands unemployment benefits for workers affected by the COVID-19 pandemic, but many questions remained about how the Act would be applied.  The DOL recently issued guidance answering some of these questions.
Continue Reading US DOL Issues Guidance Regarding Unemployment Benefits Under the Newly Enacted CARES Act

Unemployment insurance is a joint federal-state program, administered separately by each state following guidelines established by federal law. On March 12, 2020, the Department of Labor issued advisory guidance for state workforce agencies, suggesting ways in which the states might relax program requirements and expand benefit eligibility in light of the COVID-19 pandemic.
Continue Reading States Follow Department of Labor Guidance for COVID-Related Unemployment Claims