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DOL Finalizes New Rule Regarding Independent Contractor Status, But Its Future Is In Jeopardy
January 11, 2021
On January 6, 2021, the Department of Labor announced its final rule regarding independent contractor status under the Fair Labor Standards Act. As described in a prior BMD client alert, this new rule was fast-tracked by the Trump administration after its proposal in September 2020. The new rule is set to take effect on March 8, 2021, and contains several key developments related to the "economic reality" test used to determine whether an individual is an independent contractor or an employee under the FLSA.
Russel T. Rendall
DOL Proposes New Rule Regarding Independent Contractor Status - But How Will the Election Affect Its Future?
September 24, 2020
On September 22, 2020, the U.S. Department of Labor announced a new proposed rule regarding employee and independent contractor status under the Fair Labor Standards Act. The full text of the proposed rule is available here. The rule's drafters intend to reduce uncertainty and enhance the precision and predictability of the long-standing "economic reality" test, which currently relies on a multifactor balancing test.
Russell T. Rendall
Revised Department of Labor FFCRA Guidance, Effective September 16, 2020
September 14, 2020
In response to attacks on the legality of the Department of Labor’s (“DOL”) Final Rule regarding the Families First Coronavirus Act (“FFCRA” or the “Act”), which took effect in April 2020, the Department of Labor issued new guidance on Friday, September 11th to formally address ongoing questions and concerns related to the COVID-19 legislation.
Bryan Meek with Monica Andress
Families First Coronavirus Act (“FFCRA”) Under Attack
August 10, 2020
In response to the COVID-19 global pandemic, the Families First Coronavirus Act (“FFCRA” or “the Act”) went into effect on April 1, 2020 followed closely behind by the Department of Labor’s (“DOL”) Final Rule on the Act which, collectively, describe the obligations of employers as well as the rights of employees under the FFCRA’s paid sick time and expanded family medical leave provisions.
Jeff Miller & Bryan Meek with Monica Andress
Employer COVID Toolkit
July 2, 2020
As employees come back to work and employers operate “mid-COVID” in the “new normal,” employers must update their Employee Handbook and related employment policies. BMD has put together an Employer COVID Toolkit to supplement an employer’s existing Employee Handbook and policies to ensure compliance with the Department of Labor guidance, OSHA, FFCRA, the CARES Act and state law. Below is a description of policies and their purpose.
Jeffrey C. Miller & Amanda L. Waesch
How Do I Pay Employees for COVID-19 Telework?
April 20, 2020
Even as stay-at-home and isolation orders are slowly lifted, employers will continue to have employees teleworking due to the COVID-19 / coronavirus pandemic.
Adam D. Fuller
Record Keeping Requirements to Receive FFCRA IRS Tax Credit
April 2, 2020
On April 1, 2020, the IRS and Department of Labor issued temporary regulations to provide clarity regarding the documents required by employees requesting leave under the Families First Coronavirus Response Act (FFCRA) and the documentation that employers need to maintain.
Bryan Meek, Esq. and Monica Andress
CLIENT ALERT: U.S. Department of Labor, Wage and Hour Division Sets Enforcement Record
October 30, 2019
In advance of Halloween, the U.S. Department of Labor announced the results of its Wage and Hour Division's (WHD) recovery efforts for Fiscal Year 2019, and it reads like a horror story. The good news to lull you into a feeling of safety was that the 18,844 Complaints Registered was the fewest amount over the past 22 years or published records.
Jeffrey C. Miller, Esq., Labor + Employment Partner