In a much-anticipated decision, a federal appeals court just ruled that Fair Labor Standards Act (FLSA) claims resolved through Rule 68(a) offers of judgment do not require fairness review and judicial approval. The 2nd Circuit Court of Appeals’ December 6,
New Jersey Employers Will Soon Learn When They Can Use “Good Faith” Defense In Wage Claims
The New Jersey Supreme Court just agreed to review whether the “good faith” defense is available to employers that rely upon determinations made by
USDOL has announced a proposed rule intended to clarify the “fluctuating workweek” under the FLSA. This is yet another example of the Wage and Hour Division (WHD) continuing to clean up the mess left by its predecessors.
Fluctuating Workweek In
Employers that utilize the “tip credit” in the federal Fair Labor Standards Act (“FLSA”), or whose employees receive tips, should carefully consider regulatory changes that were proposed by USDOL today. While many of the proposed regulatory changes were expected, some
For the last several months, we have all been eagerly awaiting USDOL’s final “Overtime Rule” – to hopefully finally put to bed the confusion that has filled the air for nearly three years. As of Tuesday, the suspense is over
While stakeholders await final regulations on the white-collar exemptions (a/k/a Overtime Rule 2.0), regular rate, and joint employment, WHD has started sending the White House more proposals – first tackling tips and the tip credit and followed closely by fluctuating workweek
The Labor Department is busy.
Yes, that is a stand-alone paragraph. The Notice of Proposed Rulemaking for the “Overtime Rule” was published on March 22, 2019, followed shortly thereafter by proposals regarding regular rate requirements and then joint
The comment period for USDOL’s most recent proposal regarding the Fair Labor Standards Act’s white-collar exemptions (Overtime Rule 2.0) has closed. You probably have heard that the proposed salary level test is “too high” and “too low”, and it all feels
Differentiations Within The Gig Economy – USDOL’s Take On Independent Contractors
The U.S. Department of Labor issued an opinion letter this week confirming that certain service providers referred through a virtual marketplace company are, indeed, independent contractors for purposes of
The US Department of Labor (USDOL) today released its much anticipated and significant Notice of Proposed Rulemaking (NPRM) intended to update and clarify the USDOL’s interpretation of joint employer status under the Fair Labor Standards Act.
By way of background,