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As the U.S. Department of Labor (DOL) prepares to publish a new proposed rule on how individuals can be classified, employers are being warned to expect a tougher time justifying an independent contractor classification. The DOL will publish a Notice of Proposed Rulemaking on October 13 aimed at clarifying how workers can be classified under […]
There’s been an ongoing battle between employers and the U.S. Department of Labor (DOL) over when someone is considered an independent contractor versus an employee. A recent decision from the U.S. 8th Circuit Court of Appeals to reverse summary judgment (dismissal without trial) in favor of the DOL gives employers some guidance and reason for […]
Employers that take advantage of the “tip credit” will have to monitor and document their tipped employees’ tasks much more closely than they have in the past under a new rule from the U.S. Department of Labor (DOL). The new rule, which takes effect December 28, says employers may take a tip credit only for […]
With the recent spike in cybersecurity breaches rippling through all corners of the global business landscape, the surging interest in data protection has caused even the highest departments of state to take note and weigh in. In April 2021, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration issued a cybersecurity guidance to help […]
Recently, the U.S. Department of Labor (DOL) announced that it was rescinding a guidance document on paying interns it issued in 2010. The former guidance suggested that employers need to apply a six-factor test to determine whether an intern must be paid.
The U.S. Department of Labor’s (DOL) announcement that it is nixing its 2010 guidance on unpaid internships in favor of a less-rigid test puts the agency in line with recent appellate court rulings on the issue, according to an attorney following the matter.
The U.S. Department of Labor (DOL) has withdrawn two major Obama-era guidance documents, one addressing joint employment and one dealing with independent contractors. The move, while not a surprise, is good news for employers, according to H. Juanita Beecher, an attorney with Fortney & Scott and editor of Federal Employment Law Insider. The Obama administration […]
by Ryan B. Frazier Employers sometimes classify employees incorrectly under the law. For example, employees may be treated as independent contractors, who are considered self-employed. Although misclassification may be intentional, it is most often done mistakenly under a belief that workers are properly classified. Employees are misclassified for many reasons. Employers may try to avoid […]