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…

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…

On November 30, 2020, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2020-17, concerning how to calculate the regular rate of an employee paid on a piece-rate basis. In this situation, the employees are warehouse unloaders, and are paid based on the number and types of trucks they unload.  Some of them have waiting time during their shift, and these hours are tracked as “hours worked” for minimum wage/overtime purposes. However, they are…

Happy New Year (almost)! Minnesota employers should be reminded that, effective January 1, 2021, minimum wage rates increase to $10.08 per hour for large employers and $8.21 for small employers (as well as a 90-day training wage for those under 20 and youth wage for those under 18). Also – don’t forget to update your minimum wage rate poster that must be displayed in your workplace for employees to view.  You can download here in…

On November 3, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued opinion letter FLSA2020-16, regarding the compensability of travel time for non-exempt (hourly) foreman and laborers. These are issue that frequently arise with construction employers, so it is nice the DOL has finally provided some additional guidance.  Especially where, as the DOL finally acknowledged, the employee benefits from the arrangement. This opinion letter considers three commute scenarios. The first is local…

On November 3, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued opinion letter FLSA2020-15 regarding compensation under the Fair Labor Standards Act (FLSA) for time employees spend attending voluntary training programs such as outside, ongoing continuing education classes (CEUs). The employer at issue is a non-profit hospice care provider with clinical staff such as nurses, social workers, health aids and providers, all of whom have ongoing continuing education requirements for their…