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  • HR Specialist: Employment Law
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3 new opinion letters from Labor Department

The Department of Labor has issued three new opinion letters that address issues that may affect your company.

DOL proposes new rule to define independent contractor status

The Department of Labor has proposed an interpretive rule seeking to tease out the difference between employees and independent contractors for purposes of the Fair Labor Standards Act.

Camps, religious and nonprofit educational centers get FLSA break

During the pandemic, many seasonal businesses have unexpectedly found themselves forced to comply with the FLSA. Now the Department of Labor is cutting those employers a much-needed break.

Prepare to pay for employee misclassification

If you use independent contractors as part of your workforce, be sure to do it correctly. Erroneously classifying an employee as an independent contractor is likely to trigger an investigation by a state or federal agency.

Federal judge overturns DOL’s joint employer rule

Judge Gregory H. Woods of the U.S. District Court for the Southern District of New York said the DOL’s joint employer rule was “arbitrary and capricious” and “inconsistent” with the FLSA.

Gig economy classification becomes campaign issue

A California Superior Court judge in August ordered ride-hailing app companies Uber and Lyft to convert drivers in the Golden State from independent contractors to employees in order to comply with AB5, a controversial law that took effect Jan. 1 but so far has not been enforced.

DOL clarifies employers’ obligation to pay overtime

The Department of Labor has issued a Field Assistance Bulletin which clarifies your duties to nonexempts and your obligation to pay those who work unauthorized overtime.

Is it time to convert remote employees to contractors?

Now that the dust of the pandemic has started to settle, employers are beginning to think longer term. For many, it’s time to explore whether telework should continue and under what conditions. A related question: Should some employees who will continue to work from home be converted to independent contractor status?

Expect to pay double for wage violations

The Fair Labor Standards Act requires employers to track the time hourly employees work to ensure they receive all the pay they have earned. The law comes with a built-in penalty: Get it wrong and you automatically owe twice your underpayment going back at least two years.

DOL issues new answers on pandemic leave, FLSA and FMLA

The Department of Labor has been busy updating employer advice on the interplay between the coronavirus pandemic and the paid leave provisions of the Families First Coronavirus Response Act, the Fair Labor Standards Act and the FMLA.