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Lawsuits seek to block enforcement of DOL’s final worker-classification rule

Opponents of the Department of Labor’s newly final worker-classification rule have filed at least four lawsuits seeking to prevent enforcement of the rule when it takes effect on March 11.

DOL overtime rule advances to last step before becoming final

The Department of Labor’s rule expanding access to overtime pay for an additional 3.6 million exempt employees is now under review by the Office of Management and Budget, the last step in the regulatory process before a final rule is issued.

PWFA enforcement halted in Texas

A federal judge has ordered the federal government not to enforce the Pregnant Workers Fairness Act in Texas after the state government filed a lawsuit contesting how the law was passed.

PUMP Act suit against McDonald’s shows cost of ignoring the law

A group of new mothers have brought one of the first PUMP Act class-action lawsuits. The case illustrates the legal folly of cutting corners on PUMP Act compliance.

Old test or new, the FLSA still defaults to employee status

The Fair Labor Standards Act is remedial legislation that is meant to cover as many employees as possible. The Department of Labor’s final worker status regulations were never intended to change this. The main reason for issuing the regs was to codify the Supreme Court’s 80-year-old test. A recent case decided before the final regs were issued illustrates.

White-collar Wednesdays: Initial preparations for the DOL’s final salary-level regs

We are now a little over two months away from the release of final regulations raising the weekly and annual salary amounts employees must earn to remain exempt from the FLSA, as promised by the Department of Labor. Regardless of how this shakes out, it’s best to be prepared.

FTC could begin investigating worker misclassification

The Department of Labor isn’t the only federal agency interested in curbing worker misclassification. Now a member of the Federal Trade Commission has suggested it should start looking at whether companies that incorrectly classify workers as independent contractors instead of employees enjoy an unfair competitive advantage.

Worried about worker misclassification? Use this form to certify contractor status

It’s crucial for organizations that use independent contractors to get the classification right. Are they really independent contractors or should they be classified as employees instead? Incorrectly classify a worker and you are sure to face the wrath of an array of federal and state regulators.

Know the ABCs of state worker classification

The Department of Labor’s employee/contractor rule covers worker classification for the purpose of deciding federal cases. However, states are free to set their own standards, and most do. By far the most common test—often used to determine whether a worker is eligible for unemployment benefits—is what is known as the ABC test.

DOL orders extra helpings of damages against restaurants

The Depart of Labor is cracking down hard on restaurants that cheat workers out of tips and otherwise fail to pay them properly. On Feb. 7 alone, the DOL announced it had recovered more than $850,000 from eateries in Florida, Hawaii and Oregon.