As the summer comes to a close, USDOL’s continued momentum ensures a busy fall for employers. While we await the details, one thing is clear – employers should take these three steps right now.
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.
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.
USDOL's recent Field Assistance Bulletin outlines the factors to be considered when the agency is evaluating independent contractor status.
The U.S. Department of Labor has withdrawn two "Administrator Interpretations" dealing with joint-employment and independent-contractorship under the FLSA and other laws the agency enforces.
The U.S. Labor Department has released Administrator Interpretation No. 2016-1, dealing with concepts of "joint employment" under the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act.
The U.S. Labor Department continues its enforcement initiative targeting hotels and motels.
Recent developments underscore that the U.S. Labor Department is on the lookout for opportunities to tie together all participants in collaborative business arrangements.
The U.S. Labor Department's investigative focus on some of the nation's preeminent homebuilders is simply a reflection of the administration's longstanding interest in construction as a so-called "fissured industry".
Industry- and sector-wide FLSA compliance initiatives were a recurring theme during a recent Washington, D.C. "Stakeholder Forum" conducted by the U.S. Labor Department's Wage and Hour Division.