USDOL has maintained a very busy agenda for the end of 2018 and the beginning of 2019, but recent action plans released by the President show that we may be in for additional, significant regulatory changes in the future.
In a much anticipated move, the Wage and Hour Division of the US Department of Labor released its Notice of Proposed Rulemaking clarifying the joint employment analysis under the Fair Labor Standards Act. The proposed regulation provides that you may not be found to be a joint employer unless you (directly or indirectly) actually exercise control over the employee, relying upon a new four-factor test.
The USDOL has removed the infamous "20% Rule" from its Field Operations Handbook, but employers should be mindful of its disjointed approach to revisions across and within agency materials.
USDOL has announced that it does not expect to address the FLSA white-collar exemptions (the so-called “overtime rule”) until March 2019 and has slotted "joint employment" for December 2018 instead.
The first of several USDOL "listening" sessions provided few answers. The primary question remains whether the agency will listen this time around as it takes on the FLSA's white-collar exemptions.
This week the USDOL has issued a press release announcing that it will hold “listening" sessions to "gather views” on the white collar exemptions and released new Opinion Letters addressing other FLSA topics, including the 7(I) overtime exemption for certain employees of qualifying retail and service establishments.
Changes from USDOL have been numerous and fast paced. Take a second to look back on what has already happened in the federal wage and hour world in 2018, and what is yet to come.
Today's federal budget included a rider to amend the FLSA and prohibit an employer from keeping tips received by its employees, regardless of whether or not the employer takes a tip credit.
The Federal Judicial Center has provided guidance that could fast track initial disclosures by including requirements uniquely crafted for FLSA cases.
The U.S. Department of Labor is abandoning its six-part test for whether an intern is considered an employee in favor of the "primary beneficiary" test adopted by four federal circuit courts.