DOL
Four New Year’s Resolutions for Employers
New Year’s resolutions are common. Many people attempt a “dry” January. Others a dry February, because there are less days in the month. As we close out the first month of 2024 here are four proposed New Year’s resolutions for employers that can minimize the risk of exposure and reputational damage in this ever-changing legal…
Read MoreDOL Issues Final Rule on Independent Contractors Under the FLSA
Last week the U.S. Department of Labor issued a Final Rule addressing how to determine whether a worker is properly classified as an “employee” or an “independent contractor” under the Fair Labor Standards Act. The Final Rule follows a Notice of Proposed Rulemaking issued by the DOL in October 2022. In the NPRM, the DOL…
Read MoreEEOC, NLRB and DOL Shutdown Contingency Plans
Once again we are poised on the brink of another possible federal government shutdown, and employers may be wondering how it may impact them. The last time this happened in 2018, we provided a summary of the shutdown contingency plans for the major employment-related agencies – the Department of Labor (DOL) (which includes the Occupational…
Read MoreDepartment of Labor Proposes Exempt-Status Overhaul
On August 30, 2023, the U.S. Department of Labor (DOL) proposed significant increases in the compensation thresholds that must be met for employees to be classified as exempt from overtime pay requirements under the Fair Labor Standards Act (FLSA). If the proposal is finalized as presented, DOL estimates that 3.6 million employees currently classified as…
Read MoreNumerous Employment Law Developments to Be Aware Of
As the first half of the year draws to a close, we take this opportunity to provide a summary of recent developments. If you have any questions about these or other developments, please don’t hesitate to contact a member of our organization for advice. REMINDER: EXPANDED PROTECTIONS FOR PREGNANT AND NURSING EMPLOYEES On June 27,…
Read MoreThe DOL Has a New Website to Provide Workplace Mental Health Resources
Mental health issues have become increasingly prevalent in the workplace. In recognition of Mental Health Awareness Month, the U.S. Department of Labor has announced a new website with resources to assist employers in legal compliance and in creating supportive workplaces. Specifically as to employers’ obligations under the law, the website contains links to a factsheet…
Read MoreDepartment of Labor Issues Updated FLSA and FMLA Posters
The U.S. Department of Labor (DOL) has released updated posters regarding the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). Employers covered by these laws are required to display copies of the posters in a conspicuous place where employees and applicants for employment can see them. The FLSA Minimum Wage…
Read MoreDepartment of Labor Issues Opinion Letter Clarifying FMLA Leave for Overtime Workers
The United States Department of Labor (“DOL”) released an opinion letter on February 9, 2023 (the “Letter”) clarifying covered leave for overtime-eligible employees under the Family and Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”). The Letter pertains to FMLA-eligible employees who work more than 40 hours in a given workweek. The…
Read MoreDOL Clarifies Whether FLSA and FMLA Protections Apply to Remote Employees
The U.S. Department of Labor (DOL) recently issued new guidance regarding how remote employees should be paid under the Fair Labor Standards Act (FLSA) and when they are eligible for leave under the Family and Medical Leave Act (FMLA). The FLSA requires covered employers to pay nonexempt employees for all hours worked, including certain rest…
Read MoreWhy Do You Need a Handbook Disclaimer and What Should Be In It Anyway?
If you’re like most employers right now, you’re in the process of reviewing your Employee Handbook to see if it needs to be updated. A recent Alabama state court decision offers valuable lessons to all employers with employee handbooks (not just those in Alabama) on the importance of a properly drafted handbook disclaimer. Now, in…
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