Today, the U.S. Department of Labor (“DOL”) issued an Administrator’s Interpretation regarding the misclassification of employees as independent contractors. Having received numerous complaints from workers on this issue over the
Continue Reading DOL Says Most Workers Are Employees Under Federal Law
FLSA
DOL Proposes Dramatic Expansion to FLSA Overtime Protections
By Greenberg Traurig on
Posted in FLSA
On June 30, for the first time in a decade, the Department of Labor (DOL) proposed a rule to broaden federal overtime pay regulations under the Fair Labor Standards Act…
Continue Reading DOL Proposes Dramatic Expansion to FLSA Overtime Protections
Federal Judge Vacates DOL’s New Companionship Exemption Regulations
By Brett Lane on
Posted in FLSA
We previously wrote a Client Alert about the Department of Labor’s (DOL) new regulations that were poised to eliminate the exemption from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime provisions for certain home-health care workers. As expected, the new regulations were met with significant pushback from certain home care employers and industry associations, including a federal lawsuit led by the Home Care Association of America challenging the legality of the regulations [Home Care Association of America v. Weil, Case No. 14-cv-0967 (D.D.C.)]. That lawsuit was effectively decided last week when the U.S. District Court for the District of Columbia issued its second opinion, ruling against the DOL and vacating the portions of the new regulations that would have made more than 90 percent of home care workers eligible for overtime pay.
Continue Reading Federal Judge Vacates DOL’s New Companionship Exemption Regulations
Post-Shift Security Screenings Not Compensable Under FLSA
By Greenberg Traurig on
Posted in Compensation, FLSA
Written by Laurent Badoux and Christiana L. Signs
In a much anticipated decision this week, the Supreme Court held that activities that occur before or after a work shift are…
Continue Reading Post-Shift Security Screenings Not Compensable Under FLSA
DOL Publishes Final Rule Eliminating Exemption to FLSA’s Minimum Wage and Overtime Provisions for Home-Healthcare Workers
By Brett Lane & Greenberg Traurig on
This Alert discusses the U.S. Department of Labor (DOL) Wage and Hour Division’s recently published final rule, which significantly changes the scope of the Fair Labor Standards Act’s (FLSA) “companionship…
Continue Reading DOL Publishes Final Rule Eliminating Exemption to FLSA’s Minimum Wage and Overtime Provisions for Home-Healthcare Workers
Intern or Employee? Unpaid Internships May End Up Costing Employers
By Terrence P. McCourt & Terence McCourt on
Posted in Compensation, FLSA
Private sector employers planning internship programs should be aware of the legal distinctions between unpaid interns and paid employees. A number of recent class actions filed against media and entertainment…
Continue Reading Intern or Employee? Unpaid Internships May End Up Costing Employers
Comment Period on DOL’s Proposed Changes to ‘Companionship Exemption’ Set to Close on March 21, 2012
By Justin F. Keith on
Posted in FLSA, Wage & Hour
The extended period to submit comments on the Department of Labor’s proposed rules affecting the FLSA’s “companionship exemption” is set to close on March 21, 2012. The comment period had originally been set to expire on February 27, 2012, but was extended for two weeks in late February, and then for another nine days in early March.…