Category Archives: DOL

DOL Proposes to Revert the Independent Contractor Analysis to the Employee-Friendly Totality-Of-The-Circumstances Analysis 

Posted on October 18, 2022 by Massiel Sanchez

On October 11, 2022, the Department of Labor (“DOL”) issued a new proposed rule, entitled “Independent Contractor Status Under the Fair Labor Standards Act,” for determining whether an individual is an independent contractor or an employee under the Fair Labor … Continue reading →

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US Department of Labor Withdraws Independent Contractor Rule

Posted on May 10, 2021 by Reid Wakefield

On May 6, 2021, President Biden’s administration halted implementation of a rule published under the Trump administration which would have made it easier for businesses to classify workers as independent contractors instead of employees. The Trump regulation was supported by … Continue reading →

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DOL Publishes Model Notices for COBRA Subsidies

Posted on April 9, 2021 by Ashlyn Dowd

As we previously reported, on March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (“ARPA”) into law, which includes a COBRA premium assistance program. Pursuant to ARPA, the Department of Labor (DOL) was instructed to issue model notices … Continue reading →

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Update: Families First Coronavirus Act

Posted on March 30, 2020 by Amanda Marie Baer

The Department of Labor issued new guidance over the weekend regarding the Families First Act, including important definitions and clarifications.  I broke down the new guidance into the overall framework of the new EFMLA and EPSLA in this recorded webinar. … Continue reading →

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New DOL FLSA Rule Issued September 24, 2019

Posted on September 26, 2019 by D. Moschos

The United States Department of Labor issued its final rule on the earnings threshold for exempt employees under the federal Fair Labor Standards Act (“FLSA”) on September 24, 2019 (the “Overtime Rule”). The Overtime Rule will require employers to pay … Continue reading →

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Department of Labor Releases Proposed Rule to Increase Minimum Salary Threshold for Overtime Exemption

Posted on March 11, 2019 by Brian Casaceli

On March 7, 2019, the Department of Labor released a long-awaited proposal to increase the minimum salary requirement for exempt employees from $23,660 to $35,308.  The DOL’s proposed rule comes nearly two months after it sent the rule to the … Continue reading →

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Coming to a Workplace Near You: New Fair Labor Standards Act Overtime Regulations Appear Imminent

Posted on January 31, 2019 by Brian Casaceli

The U.S. Department of Labor (“DOL”) recently sent proposed regulations to the Federal Office of Management and Budget (“OMB”) to amend the Fair Labor Standard Act’s White Collar Exemptions – i.e., the professional, executive and administrative exemptions – by increasing … Continue reading →

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FLSA Amendment Eases Restrictions on Tip Pooling

Posted on April 11, 2018 by Amanda Marie Baer

On April 6, 2018, the U.S. Department of Labor, Wage and Hour Division (“WHD”) issued Field Assistance Bulletin No. 2018-3 in response to Congress’ amendment to Section 3(m) of the Fair Labor Standards Act (“FLSA”) with the Consolidated Appropriations Act, … Continue reading →

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Previously Enjoined Salary Basis Test for White Collar Exempt Employees Has Been Permanently Struck Down by U.S. District Court Judge in Texas

Posted on September 1, 2017 by Bob Kilroy

As previously reported in, “Breaking News: DOL’s Final Rule Increasing Salary Threshold for White Collar Exempt Employees Enjoined and Will Not Take Effect on December 1,” Judge Mazzant of the U.S. District Court for the Eastern District of Texas had enjoined … Continue reading →

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Department of Labor Withdraws Informal Guidance on Joint Employment and Independent Contractors

Posted on June 7, 2017 by Amanda Marie Baer

On June 7, 2017, the Department of Labor (“DOL”) announced the withdrawal of its 2015 and 2016 Administrator’s Interpretations on joint employment and independent contractors under the Fair Labor Standards Act (“FLSA”). Administrator’s Interpretation No. 2015-1 (the “Independent Contractor AI”) … Continue reading →

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