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Corie J. Anderson

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Minnesota Wage & Hour

As Expected, DOL Withdraws Trump Administration Independent Contractor Status Rule

By Corie J. Anderson

May 20, 2021

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Well…I hate to say I called it but…on May 6, 2021, the U.S. Department of Labor (DOL) issued a final rule at 86 FR 24303, withdrawing the Independent Contractor Status rule issued January 7, 2021. As you may recall, that rule was set to change the test as to whether a worker was an independent contractor or employee. While the DOL previously used the “economic realities” test, the new rule would have used an…

Minnesota Wage & Hour

Minnesota Supreme Court Holds PTO Handbook Terms May Create Unilateral Contract

By Corie J. Anderson

March 5, 2021

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I have spent plenty of time in the quaint small town of Plainview, Minnesota (where the City snowplow is a tractor and dump truck team), and so it’s fun to write about this one, but I feel for the City (which voted to sell the liquor store in August 2020 while this appeal was pending). On February 3, 2021, the Minnesota Supreme Court issued its decision in Hall v. City of Plainview, 2021 WL 359508 …

Minnesota Wage & Hour

DOL Postpones Final Rule Regarding New Economic Reality Test for Independent Contractors

By Corie J. Anderson

March 5, 2021

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Regardless of whether you call it a teeter totter or seesaw, the DOL continues its ups and downs with its interpretations of important laws. You may recall my January 7, 2021 post reminding all y’all of the U.S. Department of Labor (“DOL”) final rule regarding the DOL’s adoption of the “economic reality test” for determining whether a worker is an employee or independent contractor. That new rule was set to go into effect March 8,…

Minnesota Wage & Hour

DOL Withdraws Several Opinion Letters Issued Under Trump Administration

By Corie J. Anderson

March 5, 2021

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I know you’re thinking, what possibly can a turtle hiding in his shell have to do with wage and hour law?! Since the Biden Administration has begun, several Department of Labor (DOL) opinion letters have been withdrawn (get it yet?) by the DOL (and are no longer assessable). In this instance, they may no longer be relied upon. Employers who changed their practice based on one of the following opinion letters should revisit the…

Minnesota Wage & Hour

DOL: All Journalists May Qualify for FLSA Creative Professional Exemption from Overtime

By Corie J. Anderson

January 19, 2021

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In Opinion Letter FLSA2021-7, the second of four opinion letters released today, the U.S. Department of Labor clarified that journalists – no matter whether they work for a major newspaper or small-town community paper – may qualify for the creative professional exemption. In order to qualify, journalists must have a primary duty that requires, “invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.” 29 C.F.R. 541.300(a)(2)(ii). Referencing Encino …

Minnesota Wage & Hour

DOL: Temporary Staffing Firms May Qualify for Retail or Service Establishment FLSA Overtime Exemption

By Corie J. Anderson

January 19, 2021

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Here’s one I didn’t see coming – the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2021-6 today, along with three others (see my other blog posts), which concluded that staffing firms that recruit, hire, and place employees on temporary assignments with clients may qualify as a “retail or service establishment” for purposes of an overtime exemption under 29 U.S.C. 7(i) – commonly referred to as the “retail sales exemption”. What makes this opinion so…

Minnesota Wage & Hour

DOL Opinion Letter Issued Regarding Administrative Exemption for Account Managers of Life Science Product Manufacturer

By Corie J. Anderson

January 15, 2021

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On January 8, 2021, the U.S. Department of Labor (DOL) issued opinion letter FLSA2021-1. Spoiler alert – the DOL determined that account managers at a life science products manufacturer were properly classified as exempt from overtime based on the administrative exemption. These employees have at least a bachelor’s degree in a life science (or a bachelor’s and 5 years experience in life sciences). They consult with scientists, learn what they need, research what company…

Minnesota Wage & Hour

End of a COVID Delay: EEOC to Start Collecting 2019 and 2020 EEO-1 Component 1 Data in April 2021

By Corie J. Anderson

January 12, 2021

The EEOC announced today that it will start collecting 2019 and 2020 EEO-1 Component 1 Data (employment data categorized by race/ethnicity, gender and job category) for private employers beginning in April 2021. Note, this still does not include the controversial Component 2 Data (compensation data). While 2019’s data would have normally been due last year, it was delayed due to COVID-19. Specific collection opening dates will be announced on the EEOC’s website, as well as…

Minnesota Wage & Hour

DOL Issues Final Rule Regarding Employee or Independent Contractor Analysis – Suggests Approval of Paying Benefits to Independent Contractors

By Corie J. Anderson

January 7, 2021

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As I blogged about a few months ago, on September 22, 2020, the U.S. Department of Labor (DOL) announced a proposed rule simplifying the test to determine whether a worker is considered an “employee” under the Fair Labor Standards Act (FLSA) or an “independent contractor”. On January 6, 2021, the DOL announced the final rule, effective March 8, 2021. The new rule clarifies that the DOL will use the “economic reality” test as the…

Minnesota Wage & Hour

Minnesota High School Students Eligible for Pandemic Unemployment Assistance (Unemployment)

By Corie J. Anderson

December 11, 2020

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Effective today, December 11, 2020, the State of Minnesota will start processing and allowing unemployment compensation applications from high school students. While state law has not allowed high school students unemployment compensation since 1998, the Minnesota Court of Appeals recently held that they are eligible for Pandemic Unemployment Assistance (PUA). This is federal monies as opposed to state, thus, the exception to the rule. More information is available here. PUA is set to expire…

Minnesota Wage & Hour

Empowering Employers & HR Professionals

Blog Authors

As Expected, DOL Withdraws Trump Administration Independent Contractor Status Rule

Minnesota Supreme Court Holds PTO Handbook Terms May Create Unilateral Contract

DOL Postpones Final Rule Regarding New Economic Reality Test for Independent Contractors

DOL Withdraws Several Opinion Letters Issued Under Trump Administration

DOL: All Journalists May Qualify for FLSA Creative Professional Exemption from Overtime

DOL: Temporary Staffing Firms May Qualify for Retail or Service Establishment FLSA Overtime Exemption

DOL Opinion Letter Issued Regarding Administrative Exemption for Account Managers of Life Science Product Manufacturer

End of a COVID Delay: EEOC to Start Collecting 2019 and 2020 EEO-1 Component 1 Data in April 2021

DOL Issues Final Rule Regarding Employee or Independent Contractor Analysis – Suggests Approval of Paying Benefits to Independent Contractors

Minnesota High School Students Eligible for Pandemic Unemployment Assistance (Unemployment)

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