Employee Classification
An additional 3.6 million workers who are currently exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) will become eligible for overtime unless their employers raise their salaries, the US Department of Labor (DOL) estimates.
Legislation recently signed into law by Gov. J.B. Pritzker will expand leave for bereaving a child and for mourning victims of violent crime; establish new leave for organ donation; and provide protections for freelance workers and temporary workers.
The US Department of Labor (DOL) has submitted a draft overtime rule to the White House for a final review - meaning a proposed rule may be out within the next 100 days.
Further delays are possible. Conversely, there is nothing stopping the DOL from issuing its new rules before August.
There is no guarantee that the US Department of Labor (DOL) will stick to its own timeline, but a new court filing suggests the agency intends to finalize its proposed independent contractor rule before October 7.
The NLRB reversed its business-friendly test for determining if a worker is an independent contractor or an employee under the NLRA and restored a more worker-friendly test established by the Obama-era NLRB in 2014.
An employer may safely deduct PTO from a salaried employee without violating the FLSA or risking the employee's exempt status, according to a new ruling by the 3rd Circuit Court of Appeals.
Paying employees on a daily basis is incompatible with the overtime exemptions of the Fair Labor Standards Act (FLSA), even if it results in guaranteed weekly compensation well above the law's minimum, the Supreme Court ruled in Helix Energy Solutions Group, Inc. v. Hewitt.
The US Department of Labor (DOL) often misses its target dates, so another delay would not be unusual. Conversely, there is nothing stopping the agency from issuing new rules before May, either.
The US Department of Labor (DOL) will soon propose a new regulation that would apply a version of the decades-old "economic realities test" as its standard for determining whether a worker is an independent contractor under the Fair Labor Standards Act (FLSA).
News: HR guidance on complying with the FLSA and state employee classification requirements.