On January 7, 2021, the United States Department of Labor (DOL) published a final rule establishing new guidance on classifying individuals as independent contractors under the Fair Labor Standards Act (FLSA). The new guidance is set forth in Title 29 of the Code of Federal Regulations at Part 795.100 et seq. and is available online
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The Anticipation And Wait Is Over – The New FLSA Salary Basis Test Regulations Are Here!
This post was authored by Jolina A. Abrena and Gage Dungy
On May 18, 2016, the U.S. Department of Labor (“DOL”) issued new regulations modifying the weekly salary and annual compensation threshold levels for white collar exemptions to FLSA overtime requirements. These regulations become effective December 1, 2016. It is critical for employers to become…
Can an Employer Change its Workweek to Limit its Overtime Obligations? California Court May be Out of Step
A California Court of Appeal decision recently went against existing authority interpreting the FLSA and found an employer’s change to employees’ FLSA workweeks with the purpose of limiting the employer’s overtime obligations to “evade” the overtime requirements of the FLSA. The decision has come under sharp criticism from a federal court.
Under the FLSA, an…
The Meaning of “Clothes” To Be Decided by U.S. Supreme Court
Section 203(o) of the Fair Labor Standards Act excludes from the definition of hours worked time spent “changing clothes or washing at the beginning or end of each workday” if it has been excluded “by the express terms of or by custom or practice under a bona fide collective-bargaining agreement.” However, the term “clothes” is…